chapter 13 exam 3 Flashcards
third branch of Government
The Court is the third branch of government.
The Court will not enforce a contract when
when the agreement has an illegal objective.
the agreement is illegal and unenforceable when?
When the formation or performance of an agreement is
criminal,
tortious,
or otherwise contrary to public policy
Violations of Statutes
and what type of contract? Void,Voidable or unenforcabe
The courts will not enforce agreements declared illegal by statute so its unenforcable
what is a statute
statutory law is created and passed by the legislative branch of the government.
It is specifically written law, also known as statutes
The law requires that for one to engage in certain practices
one has to have a license/a formal authorization to engage in the practice
examples of lenience/ a informal authorization to engage in the practice
Think of plumbers,. Barbers, medical doctors, lawyers- all these professions have licensing requirements
Is a one year restriction reasonable?
It depends
.•Depends on the industry
.•Depends on the nature of the services of the former employee.
Non-compete clauses in employment agreements can be enforced only
1to the extent necessary to protect the employer’s legitimate interests
2 only if reasonably limited in duration
3 geographic scope.
Regulatory license and some examples
Is a measure designed to protect the public from unqualified practitioners
. Examples are licenses to practice law or medicine.
Practicing law or medicine poses?
a threat to the public.
An unlicensed doctor can not
sue to collect fees.
A revenue license does not seek to
protect against incompetent or unqualified practitioners
but serves mainly to raise money.
An example is a statute requiring a license of plumbers but not establishing standards of competence for those who practice the trade.
•These two types are unenforceable.
- Agreements in violation of a statute
* Agreements contrary to public policy.
