Should employers use noncompetition agreements or other restrictive covenants? If so‚ under what circumstances? What should an employer do if someone that the employer wants to hire is a party to a restrictive covenant with a previous employer? A noncompetition agreement is a type of “restrictive covenant‚” i.e.‚ a promise by an employee not to engage in certain behavior that is contrary to the employer’s interests. A covenant “not to compete” generally is a promise that the employee will not
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Partner From: Noelle Milburn Date: August 2‚ 2010 Re: Angela Woodside vs. Doyle Construction 1. Has Doyle Contractors breached its contract with Angela Woodside? Explain your answer fully. 2. Does Ms. Woodside have to wait until after April 1‚ 2008 to sue Doyle Contractors for breach of contract? Explain your answer fully. 3. Assuming a breach of contract has or will occur‚ what remedies does Ms Woodside have after the breach? 4. What defenses might Doyle Contractors raise in the event
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MEMORANDUM OF AGREEMENT THIS AGREEMENT made between ………………………………………………….. …………………………………………………………………………………………..of ……………………………………..signature …...……………….………………… (hereinafter called ‘the Employer’) of the one part and ………………………………. ………………………………………………………………………………………….. of ………………………………………signature.…………………………………….. (hereinafter called ‘the Project Engineer) of the other part. WHEREAS the Employer is desirous that certain Works should be constructed‚ viz Contract Name …………………………………………………………………………
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undertaken by the other”. In relation to Rent a Tents contract with Susie the terms of the contract are that in return for Rent a Tent providing a marquee for the birthday weekend Susie will pay £2‚000. This is a binding contract as the several requirements to make a binding contract are‚ offer and acceptance‚ intention to create legal relations and consideration. ‘. However Rent a Tent then approached Susie and seeked to change the agreement and increase the cost of hire of the marquee to £2
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INTRODUCTION Indian Contract Act 1872 is the main source of law regulating contracts in Indian law‚ as subsequently amended. It determines the circumstances in which promise made by the parties to a contract shall be legally binding on them. All of us enter into a number of contracts everyday knowingly or unknowingly. Each contract creates some right and duties upon the contracting parties. Indian contract deals with the enforcement of these rights and duties upon the parties. The Indian Contract Act 1872
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there are requirements to form a valid contract other than offer and acceptance‚ that are‚ intention to create legal relation and consideration. What is consideration? It can be describe as being something which represent either some benefit to the person making a promise or some detriment to the person to whom the promise is made. The term consideration is given to the subject that is exchanged in a contract.1 It is a fundamental prerequisite in English contract law. 2 The courts has explained the
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1.0 Contracts and its Elements 1.1 Essentials of a Contract Contracts form part of our daily life e.g. lease of house‚ sale/purchase of cars‚ etc. However‚ there are elements essential to form a contract. These are: 1.1.1 Offer/Invitation MacMillan & Stone (2004) described offer as “an expression of willingness to contract on certain terms. It must be made with the intention that it will become binding upon acceptance. There must be no further negotiations or discussions required.” This can be
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“An agreement made without consideration is void. “With reference to provisions of the Indian Contract Act‚ 1872 examine the validity of the statement and explain the cases in which the statement does not apply. (November 2005) Answer Validity of an Agreement without consideration: The general rule is that an agreement made without consideration is void (Section 25). In every valid contract consideration is very important. A contract may only be enforceable when an adequate consideration is
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Unit 2 short paper 1 Prenuptial Agreements William E. Ogle Unit 2 Short Paper: Prenuptial Agreements Family Law PA 250-01AU Prof; Kinsella Unit 2 short paper 2 This Act is intended to be relatively limited in scope. Section 1 defines a "premarital agreement" as "and agreement between prospective spouses made in contemplation of marriage
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Prenuptial Agreement Prenuptial agreement or what is often called “prenup” is a legally bound contract made by a couple before they marry concerning the ownership of their respective assets. To some people‚ a prenuptial agreement is an insurance issue‚ to others it is a trust issue. Is a prenuptial agreement really important? Does every engaged couple need one before they get married? What happened to the foundation of love and trust? With much speculation‚ this topic has become an intriguing argument
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