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Also if the agreement is part of a general employment contract then there is the possibility of a prior breach by an employer. This may cause the non-compete clause of the contract to become unenforceable. However, recent case law from Florida's appellate courts may reduce the scope of the prior breach defense. [27]
Section 27 of the Indian Contract Act has a general bar on any agreement that puts a restriction on trade. [20] The Supreme Court of India has clarified that some non-compete clauses—specifically, those backed by a clear objective that is considered to be in advantage of trade and commerce—are not barred by Section 27 of the Contract Act ...
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.
An acceptance is an agreement, by express act or implied from conduct, to the terms of an offer, including the prescribed manner of acceptance, so that an enforceable contract is formed. [ 2 ] In what is known as a battle of the forms , when the process of offer and acceptance is not followed, it is still possible to have an enforceable ...
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 ...
Within a contract, an exculpatory clause is a statement that aims to prevent one party from holding the other party liable for damages. [1] An exculpatory clause is generally only enforceable if it does not conflict with existing public policy. [2]
The Norris–La Guardia Act (also known as the Anti-Injunction Bill) is a 1932 United States federal law relating to United States labor law. [1] It banned yellow-dog contracts , barred the federal courts from issuing injunctions against nonviolent labor disputes, and created a positive right of noninterference by employers against workers ...
An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer". It has arisen out of the old master-servant law, used before the 20th century.