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fall 2010 bule 402 contracts 2

fall 2010 bule 402 contracts 2 - Contracts Prof Julie...

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2/6/11 Contracts Prof. Julie Shubin Bule-402-002-S10 Commercial Law © Julie Shubin 2010
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2/6/11 More contracts Chapter 13 Legality Concepts Chapter 14 Capacity Concepts
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2/6/11 “No matter how profitable a particular contract clause may appear to be, it is worthless if it is illegal. Make sure your agreement is lawful.”
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2/6/11
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2/6/11 Contracts that May Violate Public Policy Restraint of Trade Exculpatory Clauses Bailment Cases Unconscionable Contracts These types of contracts will be discussed further on the next slides.
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2/6/11 Restraint of Trade To be valid, an agreement not to compete must be ancillary to a legitimate bargain. Sale of a Business When a noncompete agreement is ancillary to the sale of a business, it is enforceable if reasonable in time, geographic area, and scope of activity. Employment
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2/6/11 Can I put this clause in my contract? I agree to hold Julie’s Olympic Luge - Slide and its employees entirely harmless in the event that I am injured in any way or for any reason or cause, including but not limited to any acts, whether negligent or otherwise, of Julie’s Olympic Luge – Slide or any employee or agent thereof.
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2/6/11 Exculpatory Clauses Generally enforceable when the affected activity is in the public interest, such as medical care, public transportation, or some essential service. Generally unenforceable when it attempts to exclude an intentional tort or gross Part of a contract that attempts to release you from liability for injury to another party.
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2/6/11
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