BMGT380 Chapter 15- Illegality Questions and Answers Fully Solved 100%
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BMGT380 Chapter 15- Illegality
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BMGT380 Chapter 15- Illegality
Ancillary Covenant Not to Compete - ️️a promise that is ancillary to (part of) a valid
contract whereby one party to a contract agrees not to compete with the other party for
a specified time and within a specified location. aka, non-competition clause
Public Policy - ️️widely shared vie...
BMGT380 Chapter 15- Illegality
Ancillary Covenant Not to Compete - ✔️✔️a promise that is ancillary to (part of) a valid
contract whereby one party to a contract agrees not to compete with the other party for
a specified time and within a specified location. aka, non-competition clause
Public Policy - ✔️✔️widely shared view about ideas, interests, institutions, or freedoms
to promote pubic welfare
*changes over time, rarely absolute*
Illegal Agreement - ✔️✔️i. violates statutes
ii. violate public policy determined by courts
iii. unconscionable agreements and contracts of adhesion
Violations of Public Policy - ✔️✔️i. cannot make agreements to commit crimes
ii. cannot make agreements that violate crimes
- needs to be a direct connection of illegal conduct
Licesnsing laws - ✔️✔️Cannot agree to contract with someone not properly licensed,
i.e. regulatory licenses to protect public interest
Exceptions are for licenses that are used for revenue purposes only (does not threaten
public interest)
Agreements in Restraint of Competition - ✔️✔️if SOLE purpose of an agreement is to
restrain competition, it violates public policy and is illegal
-Enforceability of non-competition clauses
i. serves legitimate business purpose
ii. restriction must be reasonable in time, location, and scope
iii. cannot impose undue hardships
exculpatory clause - ✔️✔️A contract provision that attempts to release one party from
liability in the event the other is injured, referred to as release or liability wavier
i. cannot protect a party from liability for any wrongdoing greater than negligence
ii. cannot be due to abuse of superior bargaining power, needs to be voluntary
Types of Unconscionability - ✔️✔️1. procedural unconscionability- unfairness in
bargaining process such as fine print, complex, legalistic language, high pressure sales
tactics
2. substantive unconscionability- oppressive, unreasonable, or one sides , harsh
*normally unconsionablity is both
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