Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing ...

Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing ...

There is a stark contrast between the legal principles surrounding liquidated damages and how these clauses are often drafted in practice. This disconnect highlights a divergence between those ...

“For example, the liquidated damages are calculated and then there’s another clause that says that the farmer is responsible for other losses, damages, costs or expenses suffered or incurred by the ...

The result of this is that the clause would be classified as a ‘penalty’ particularly if the amount is grossly excessive or what can be termed ‘unconscionable’ or exorbitant in amount. The issue of ...