BSLW1102 Chapter Notes - Chapter 16: Non-Compete Clause, Unconscionability
20 Jun 2016
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A. 1. contract is null if it is illegal, tort against a statute or unconscionable. A. 2. null if entered in illegal manner: exceptions of illegality. B. 1. a) when law the agreement violates is intended to protect one of the parties you can seek relief. B. 2. b) in pari delicto - equally guilty least guilty party is granted relief when public interest is advanced in do- ing so: partial illegality. C. 1. if one part is illegal it will be ignored: crimes and civil wrongs. D. 2. illegal and void contracts slander another: good faith and fairness. E. 1. implied covenant of good faith and fair dealing. E. 1. a) no party should act so that the other party does not receive the fruits of the contract: unconscionable clauses. F. 1. will not evaluate fairness but will step in to protect against excessive penalties or pro- visions protecting dominant party form torts. F. 2. any provision giving one side too much power.
