ARE 18 - ARE18 Public Policy Consideration A covenant not...

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ARE18 2-2-2011 Public Policy Consideration A covenant not to Compete- a clause in a contract that says you will not compete against this business. Restraint of trade - clause that restricts people from competing in an employment agreement. Waiver - someone gives up their right to sue over something they might have. see these contracts in hazardous activities - skydiving. Are waivers enforceable? are inferable if a person embarks upon a dangerous activity and signs the waiver/assumption of the risk, the waiver is enforceable. .however, not always, depends on the activity. Contract Defense 1. Mistake made a. Bilateral Mistake- both parties were mistaken about some subject matter in the contract. b. Unilateral mistake - 2. Duress a. threat of physical harm b. economic duress - taking advantage of someone else's economic duress. 3.Undo Influence - contract is unenforceable a. must be a relationship of some type between the two parties. b. must be unjust, unconscionable, unfair 4. Misrepresentation a. one party misrepresented, or lied about something in the contract to the other party. fraud- tell a lie with the intention of misleading the other party. gross negligence - don't know and don't care. - 5. Innocent misrepresentation a. the seller did not know. Form of a Contract 1. Statute of Fraud- some contracts are not enforceable unless they are in writing. a. A contract involving real estate b. any contract that cannot be completed within one year. c. Promise to pay the debt of another. surety agreements - cosigner. d. sale of goods of 5000 or more. e. a contract in consideration of marriage. - prenuptial agreements ARE18 2-9-2011 An Accord- a resolution to a dispute
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a. Satisfaction- agreement to terminate the contract through some method. must satisfy the accord. Operation of law- some event outside control of the parties Personal Services contract - contract to paint a portrait but die before its complete. contract would be terminated.
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This note was uploaded on 01/17/2012 for the course ARE 18 taught by Professor Maxey during the Winter '08 term at UC Davis.

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ARE 18 - ARE18 Public Policy Consideration A covenant not...

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