are terms and conditions enforceable?
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As Justice Robins of the Ontario Court of Appeal stated: ... According to the courts, in an ordinary commercial context Standard Terms and Conditions are generally enforceable on the presumption that contracting parties have agreed to the actual words that appear in the contract documents.
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Most contracts can be either written or oral and still be legally enforceable, but some agreements must be in writing in order to be binding. However, oral contracts are very difficult to enforce because there's no clear record of the offer, consideration, and acceptance.
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Indeed, courts take the initial position that restrictive covenants in employment agreements are unenforceable, unless the employer can demonstrate otherwise. A restrictive covenant must jump through several hoops to be deemed enforceable.
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The ability to make and enforce contracts and resolve disputes is fundamental if markets are to function properly. Good enforcement procedures enhance predictability in commercial relationships and reduce uncertainty by assuring investors that their contractual rights will be upheld promptly by local courts.
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Non-compete clauses and restrictive covenants are highly enforceable in the UK in order to protect the business the employee is leaving. They have to be narrowly defined and should only stay enforced for the time that is required to protect the business.
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In Ontario, reasonable non-solicitation agreements are generally enforceable. ... But to be enforceable, these clauses must be reasonable – not broad, ambiguous, or far-reaching. This means that the activity, time period, and geography prohibited in such restrictive covenants must be made clear.
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Contracts are legally enforceable and establish expectations for either party in a transaction. While it might not be worth it for an individual agent or broker to pursue a lawsuit against a buyer, it's generally unethical to break an agreement if the broker did everything that was expected of them.
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Terms and Conditions may not be required by law, but it's still a smart thing to include. These pages can limit your liability should a customer take you to court, as well as protect your rights to the content contained in your website.
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A non-compete agreement will only be enforceable if it can be shown to be supplemental to another enforceable contract. Most states recognize two such instances. ... non compete enforce-ability, One should demonstrate the non-compete clause is important to protect legitimate interests.
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Most verbal contracts are legally binding. However, there are some exceptions, depending on the construction of the agreement and the purpose of the contract. ... Although an oral agreement may be legally enforceable, it can be tough to prove in court.
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An intention to create legal relations is presumed in commercial situations. However, if the parties make it clear that they do not yet intend to be bound by the contractual terms - for example if any documents are marked subject to contract (or something similar), there will be no binding contract.
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There is no legally binding contract until both buyer and seller have signed the contract of sale. If you are the successful bidder at auction: ... You cannot make the contract subject to any further conditions - for example, obtaining finance or having a longer settlement period, unless the seller agrees to them.
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It provides that a restrictive covenant is reasonable, and thus, enforceable, if: (1) its terms are no greater than is required to protect the employer's legitimate business interest; (2) it does not impose undue hardship on the former employee; and (3) it is not injurious to the public.
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Florida's non-compete statute, Fla. ... A non-compete agreement is enforceable if it is supported by a “legitimate business interest”. If there is no legitimate business interest to protect, the agreement will not be enforceable.
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In Alabama, non-compete agreements are considered valid and enforceable if the employer can prove that he has a legitimate business interest to protect in restraining an employee's right to compete against him. Thus, the enforceability of such agreements is determined on a case-by-case basis.
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For a written agreement to be legally binding, it must contain an acceptance of the terms in the document. The most common way to accept is through a signature. ... If your written agreement is not signed, it might still be enforceable if the parties have clearly accepted the terms through conduct or otherwise.
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D) A contract need not be legally binding, while an agreement must be legally binding. A) A contract is always enforceable in the court of law, while an acceptance may or may not be. You just studied 37 terms!