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In contract law, a non-compete clause (often NCC), restrictive covenant, or covenant not to compete (CNC), is a clause under which one party (usually an employee) agrees not to enter into or start a similar profession or trade in competition against another party (usually the employer).
In short, every contract is incomplete for a variety of reasons and limitations. The incompleteness of a contract also means that the protection it provides may be inadequate. [5] Even if a contract is incomplete, the legal validity of the contract cannot be denied, and an incomplete contract does not mean that it is unenforceable.
An example of a transaction which is an unenforceable contract is a contract for prostitution under English law. Prostitution is not actually a crime under English law, but both soliciting a prostitute and living off the earnings of a prostitute are criminal offences. [3] Yet so long as the contract is fully performed, it remains valid.
Under English law, restraining clauses in employment contracts are enforceable if: [citation needed] There is a legitimate interest which needs to be protected. Examples of such interests include business connections and business secrets. The restraint is reasonable, i.e. sufficiently protects the interest and goes no further.
An agreement to carry out an illegal act is an example of a void agreement. For example, an agreement between drug dealers and buyers is a void agreement simply because the terms of the contract are illegal. In such a case, neither party can go to court to enforce the contract. A void agreement is void ab initio, i e from the beginning while a ...
In 1932, Joel I. Seidman wrote the first-ever book on the topic, The Yellow Dog Contract. It traced their history from the 1830s in the United Kingdom, the 1870s in the United States, the use of the term "yellow dog" following World War I , to a land-mark event when the U.S. Senate rejected the nomination of Judge John J. Parker to the United ...
A severable contract generally must contain a "severability clause" that allows certain clauses and aspects of the contract to be "severed" without affecting the validity of the rest of the contract. For example, if Mr. X purchases a computer, a scanner, a printer and a desk from a retailer, and the retailer cannot deliver the printer, the ...
The Act states that yellow-dog contracts, where workers agree as a condition of employment not to join a labor union, are unenforceable in federal court. It also establishes that employees are free to form unions without employer interference and prevents the federal courts from issuing injunctions in nonviolent labor disputes.