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What You Didn’t Know About Non Compete Agreement

What You Didn't Know About Non Compete Agreement

A non-compete agreement is a type of agreement contract created by employers, which prohibits employees from being employed by competitors or similar companies. Prior to working for a company, an individual may be required to sign a non-compete agreement. 
This agreement will usually outline how long the agreement lasts and to what geographical location the agreement applies. After an individual signs a non-compete agreement, he/she will not be permitted to work for competitors of the company.
There has been an extensive amount of debate surrounding non-compete agreements. For example, it prohibits an individual from seeking employment in a field that he/she has experience in, thereby significantly limiting his/her employment opportunities. These agreements are also very difficult to enforce. 
An employer would need to know where his/her past employees were seeking employment, and subsequently take the legal action necessary to prevent them from being employed in these locations.
Despite the many concerns regarding non-compete agreements and the flaws associated with this type of contract, there are practical reasons for using them. For example, some companies maintain confidential client lists to which employees have access. In addition to these customer lists, employees also have access to marketing strategies, new products, and additional confidential information. If a former employee chooses to acquire employment with a competitor, he/she may reveal this information, thereby adversely impacting a company.
A non-compete agreement is considered to be a legally binding contract, as long as the conditions outlined within the agreement are reasonable. 

Option Contracts Explained

Option Contracts Explained

Option contracts are contracts in which the offeror, or promisor, is limited in their ability to withdraw or rescind a contract. An option contract is an important element of a unilateral contract. Traditionally a unilateral contract is only formed when the action under consideration is completed. This is an issue because it provides no protection to an offeree who has completed the partial performance of the contracted action before the offeror withdraws the contract under discussion. 
An option contract transforms a unilateral contract into a bilateral one because it provides some guarantee to any party providing agreement to the contract that their actions will receive compensation. The compensation may begin immediately after the action is begun or may only come into effect once a significant portion of the work is completed. The party which has engaged an action leading to the partial performance of the contract may be able to claim detrimental reliance upon the belief that the offeror would provide payment.
For instance, Mike hired Steve to paint the walls and ceiling of his room for $100. Mike told Steve to leave after Steve had finished painting the four walls and was in the middle of painting the ceiling.
Under a traditional unilateral contract, Steve would not be entitled to any of the $100 because the money was provided as consideration for the completion of the task. Steve, however, could compel Mike through promissory estoppel to compensate him for the partial performance of the task. Steve undertook the actions under a detrimental reliance that Mike would allow him to complete to task.
Option contracts are usually found in real estate. Real estate option contracts exist primarily for the benefit of the buyer. The buyer in a real estate option contract is allowed time to secure financing, to arrange for a contractor to examine the land, and to investigate relevant zoning laws governing the property.
Real estate option contracts do not oblige the buyer to grant agreement to the seller’s offer. Agreement in real estate contracts can be withheld by a buyer looking to make money off the land. Real estate option contracts often have a short period of time before the terms laid out in the contract lapse.

Must Know Facts About Tenancy Agreement

Must Know Facts About Tenancy Agreement

Contract Laws on Tenancy Agreements
As a subset of U.S. contract law, a tenancy agreement can be expected to comprise the document through which the legal relationship between a landlord and his or her tenant is established. As with other kinds of contracts, tenancy agreements typically pertain to the conditions agreed to and entered into on the part of both of the signatory and named parties to the contract.
More specifically, a tenancy agreement entered into on the part of both parties in the U.S. or another comparable and similarly-functioning legal jurisdiction and system can and should be expected to answer the questions “who?,” “what?,” “when?,” and “how much?”. 

Tenancy Agreements as Forms of Leases
A tenancy agreement could be considered a kind of lease, and indeed it will often be referred to with this term. In the U.S. and other legal systems considered to come under the overall heading of so-called “civil law,” a tenancy agreement, or any other form of lease alternately entered into by a property owner and prospective property user, must include the specified and necessary element of rent payable on the part of the contracting individual to the property owner.
Tenancy agreements can be understood as potentially differing from other kinds of leases, as might be alternately entered into, in terms of being for expressly residential purposes. As such, the parties signing a tenancy agreement will typically be landlord and tenant. A tenancy agreement might also variously come in such forms as fixed, periodic and indefinite leases.
 

Find Out the Types of Agreement Here

Find Out the Types of Agreement Here

 

Subcontractor Agreement vs. Contractor Agreement

A contractor agreement is a written agreement that exists between a company and a contractor hired by that company to complete specified tasks. A subcontractor agreement exists between a contractor and a subcontractor, who the contractor hires to complete the tasks outlined in an existing contractor agreement. 

Non-Compete Agreement

A non-compete agreement is a written contract created by an employer and signed by an employee. When an individual begins employment with a company, he/she may be required to sign this type of agreement. Subsequently he/she will be prohibited from acquiring employment with a competing company or a similar company for a specified period of time. 

LLC Operating Agreement

When a group of individuals chooses to create and operate a Limited Liability Company (LLC), it is vital that they develop an LLC Operating Agreement. This is an agreement between all members involved in the company which details all pertinent information. An individual can locate an LLC Operating Agreement template online to help him/her develop an Operating Agreement. 

Cohabitation Agreement

When two individuals decide to live together, they should consider creating a cohabitation agreement. A cohabitation agreement is a legally binding contract that outlines the personal and financial responsibilities of each party. In addition, it addresses how assets will be divided in the event that the couple decides to separate. 

Trade Agreements

Trade agreements are contracts that exist between at least two countries in order to govern and regulate trade between these countries. The United States has established an individual free trade agreement with numerous different countries. These agreements act to reduce the existing trade barriers and promote trade.

 

Understanding the Terms of Acceptance

Understanding the Terms of Acceptance

If there is a history of contractual relations between the two parties and the offeree does not comment on a proffered contract, their silent acceptance may be inferred from past history. However, a series of contracts must exist for this standard to be applied.
The terms of acceptance, such as requiring that acceptance be faxed or mailed to the offeror, may be laid out in the text of the offer. These are acceptable restrictions that can be placed on conditions of acceptance and are not considered to place an unreasonable burden upon the offeree. The acceptance must be returned in such a way that meets or surpasses the level laid out by the offerror.
If the acceptance is sent through the postal system, it is considered to be in effect as soon as the postage on it has been paid, whether it is delivered to the offeror or not. This is the case because the acceptor fulfilled a reasonable attempt to convey their acceptance. In addition, forcing the acceptor to ensure that the postal service completed delivery of the acceptance is seen as placing an unfair burden on the acceptor. The one exception to this “mailbox rule” is in contracts which specify that the contract is conditional on receipt of acceptance.
The acceptance must be made in a timely manner. If the offer does not give a deadline by which the contract must be accepted, the courts have decreed that the acceptance must still be in a reasonable amount of time. It is impossible for acceptance to be delayed forever.

Understanding A Rental Agreement

Understanding A Rental Agreement

Legal Context for Rental Agreements
A rental agreement is often referred to as a “lease,” particularly in the frequently applicable case of the specific rental agreement being in relation to the provision of a real estate holding. A rental agreement can more generally be noted as taking effect in the general context of contract law, and as with contracts in general, may be expected to provide for setting conditions in relation to the legal relationship between the two parties to the rental agreement.
In the event of a contract taking the specific form of a rental agreement, those two entities concerned with and signatory to the legal document will often be a landlord and a tenant. 

Provisions to be Considered in Rental Agreements
A rental agreement can generally be expected to provide for such various issues inherent in a real estate contract as the person obliged to pay for tenancy and the individuals who will actually act as tenants, the date on which tenancy may be allowed to begin, the address and extent of the real estate subject to the rental agreement, and the financial payments to be payable to the landlord.
A rental agreement might also be granted to the real estate holding’s non-owner for a purpose other than residence, such as for parking transportation, storing property or others’ goods, transacting business, carrying out agricultural activities, or conducting the business required for a government agency or institution. 

Important Details on Service Level Agreement

Important Details on Service Level Agreement

Contract Law Context for Service Level Agreements
 
 
A service level agreement (SLA) is a kind of contract which sets the understood and legally bearing conditions, or level, for a certain specific kind of commercially offered and accessed service.
 
 
As with other kinds of contracts also passed in the commercial and business world, a service level agreement will necessarily involve at least two entities signatory to the contract and thus subject to its provisions, thereby establishing a legal relationship, as could be further used, upon claimed instances of violation or illegal modification thereof, to furnish the grounds for a process of civil litigation transacted in the U.S. legal system. 
 
 
Identifying Service Level Agreements
 
 
A service level agreement must necessarily be identified in order for the correct application of U.S. contract law, in terms of those contracts passed which specifically designate one party to the document as being the customer and the other as being the entity furnishing a particular service to that customer. A third party contract, necessarily, is thus precluded from the language considered as applying to service level agreements. 
 
 
Subjects for Service Level Agreements
 
 
Some of the functions which might be covered under service level agreements can be expected to comprise categories such as:
 
 
    Priority
 
 
    Obligation
 
 
    Guarantee
 
 
    Warranty
 
 
Different Service Level Agreement Types
 
 
A service level agreement might potentially comprise customer-based, service-based, multi-level, corporate-level, customer-level, and service-level service level agreements, as legal measures commonly applicable in such cases. 

Quick Overview on the Credit Agreement

Quick Overview on the Credit Agreement

Definition of a Credit Agreement

As a commonly applicable feature and function of U.S. contract law, a credit agreement can be expected to comprise of the contract drawn up between a bank, or financial institution of comparable resources and functions, and another legal entity designated as the recipient of a financial loan from that institution. As such, credit agreements are allowed for under U.S. contract law, as well as the contract laws used in other legal jurisdictions, in order to allow for the availability of credit issued to individuals and organizations. 


Provisions of a Credit Agreement
As with other kinds of contracts also put into effect in a commercial or financial context, a credit agreement can be expected to establish the legally binding conditions which will govern the functions allowed for or prohibited between the two parties to the contract, as comprise in this case of the bank furnishing the loan and the individual or organization accepting that loan. Perhaps most importantly, the interest charged on the loan will generally be affixed through the provisions set forth in the credit agreement.
The composition of a credit agreement might further function toward specifying the point, if any, when the loan must be repaid in full to the lending bank and thus when the legal relationship between the bank and loan recipient will come to an end, though often this will not be found to apply. 

Potential Settings for Credit Agreements
Credit cards and mortgages are some of the financial instruments potentially subject to credit agreements. 

Quick Outline of the Marital Settlement Agreement

Quick Outline of the Marital Settlement Agreement

Legal Context for Marital Settlement Agreements
A Marital Settlement Agreement is a kind of contract which can be drawn up by the two primary parties to the legal action of a marital divorce, as provides for the settlement of the various rights, privileges, and responsibilities held by the two individuals without the necessity of further litigation or adjudication.
U.S. divorce laws are, for the most part, formulated and carried out on a state-by-state basis. Thus, the particular Marital Settlement Agreement drawn up in reference to a particular marriage should refer to the applicable laws of that specific jurisdiction and provide against the possibility of provisions which cannot legally go into effect in that particular state.
 
Subjects for a Marital Settlement Agreement
A Marital Settlement Agreement, as will generally be entered into with the assistance of legal counsel separately retained by both of the parties to the divorce, can most effectively proceed by providing for all of the potentially legally relevant aspects of the legal relationship between the two individuals.
 
Function of Marital Settlement Agreement
A Marital Settlement Agreement does not itself provide for the legal effectiveness of the severing of the legal relationship between the two parties signatory to the contract in the form of a divorce, nor does it enact the initiation of the legal process of the court considering and potentially approving the rightness of such a legal motion. Often Marital Settlement contracts are drawn up as preambles to entering into an amicable divorce.

Rental Agreement vs. Lease Agreement

Rental Agreement vs. Lease AgreementWhen an individual is searching
for an apartment to rent, it is important that he/she understands the
difference between a rental and lease agreement. Understanding the way in which
an individual’s contract operates is a vital aspect of renting or leasing property.



Though the terms rental
agreement and lease agreement are frequently used interchangeably, it is
important to note the various differences that exist between these two types of
contracts. The type of contract that an individual enters into will determine
the responsibilities and the rights that he/she possesses while he/she is held
to this contract. 


In addition, these contracts range in regard to the
responsibilities and rights maintained by the landlord who is renting property
to a tenant.


A lease agreement is a type of contract that
regulates the relationship between tenants and landlords. A lease agreement
will last for a specified duration of time. In many instances, this period
lasts for one year, though this may vary substantially. While the contract is
active, both parties are required to adhere to all conditions detailed in the
contract. No alterations can be made to the contract while the contract is
active. Therefore, a landlord cannot choose to increase the cost of rent.


The conditions associated with rental
agreements are slightly different. For example, these contracts function as
month-to-month contracts. Every month, a tenant can choose to renew his/her
rental agreement or leave the property. In addition, once the month ends, alterations
can be made to the rental contract. Therefore, a landlord may decide to
increase the cost of rent at the end of every month.


Both rental and lease
agreements have beneficial and disadvantageous features.
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