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The De Havilland Law, [1] formally De Haviland v. Warner Bros. Pictures, is a published judicial opinion interpreting California Labor Code Section 2855, [2] a California law which prevents a court from enforcing specific performance of an exclusive personal services contract (i.e., contracts creating a non-delegable duty on the part of an individual to another party, and no other, to render ...
Specific performance is almost never available for contracts of personal service, although performance may also be ensured through the threat of proceedings for contempt of court. An injunction, often concerning confidential information or real property, is a type or subset of specific performance and is one of the more commonly-used forms of ...
Pricing on a per person or per hour basis is a sign that a contract likely also qualifies as a personal services contract under FAR Part 37 – technically violating at least the spirit, if not the letter, of the Classification Act and FAR Part 37 except in specific circumstances and with specific determinations and findings.
A standard form contract (sometimes referred to as a contract of adhesion, a leonine contract, [a] a take-it-or-leave-it contract, or a boilerplate contract) is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it ...
California Assembly Bill 5 or AB 5 is a state statute that expands a landmark Supreme Court of California case from 2018, Dynamex Operations West, Inc. v. Superior Court ("Dynamex"). [1] In that case, the court held that most wage-earning workers are employees and ought to be classified as such, and that the burden of proof for classifying ...
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related to: non personal vs services contract california pdfeforms.com has been visited by 10K+ users in the past month