Tran purchased a successful "Big Self-Storage" facility in California under a purchase agreement that contained a non-compete agreement prohibiting the seller from operating a self-storage facility within a 10-mile radius of the facility for five years. Later, the seller opens a competing self-storage facility two miles away, causing Tran to suffer a significant loss in profits. In Tran's lawsuit against the seller, which of the following is true?
- Tran's best argument is that the seller violated the implied covenant of good faith and fair dealing.
- Tran's best argument is that the seller breached the express non-compete terms of the purchase agreement.
- Tran's best argument is that the seller violated the Federal Trade Commission's Unfair Competition Rule.
- Seller's best defense to the lawsuit is that non-compete agreements are now unenforceable in California under CA Business & Prof. Code.