COMM 393 Lecture Notes - Lecture 5: Contra Proferentem, Non-Compete Clause, Starbucks
Document Summary
The midterm will cover and including breach and damages. Temporary incapacity may lead to the contracts being voidable. Agreements- restraint of trade (mergers approved at a certain dollar value), employers and employees (phoenix case). First look at general view to see if public interest is affected and then look if it is necessary to protect the parties. For example- non-compete clause will do and you can strike down the non-solicitation clause. For undue influence, the courts will look at the type of relationship first to see the degree of domination. Unconscionable contract where the bargaining power between the parties were not equal. A person is bound by what they agree to. Under the sale of goods terms, certain terms are implied. Is the water clean? if you go to starbucks. The courts will first look at the dictionary meaning to give an indication what it means. Words change meaning over the lapse of time.
