Re:Millions of workers believe they are bound by non-binding...
by Spooky23 on Thursday October 11, 2018 @05:12PM
(#18197076)
You price risk into the contract or buy insurance.
There is no law preventing parties from negotiating in good faith either. If circumstances change, people usually adapt.
Re:Millions of workers believe they are bound by non-binding...
by Nullabillity on Thursday October 11, 2018 @04:36PM
(#18196835)
That's the point: to make you view each clause as a liability rather than something to stuff in there just in case it turns out to be useful.
Re:Millions of workers believe they are bound by non-binding...
by jakelazaroff on Thursday October 11, 2018 @05:24PM
(#18197154)
In this example, though, the "liability" works out in the company's favor, since they can unilaterally terminate the contract if they realize a clause is unenforceable. It makes it even more important for the party with less negotiating power to thorougly understand the contract's legality.
I write a contract with you: you will deliver me a "widget" in 6 months, at which point I deliver you $300,000. This contract is negotiated in good faith - we both at the time believe it is a good deal (this is important, as lack of good faith is a different issue). It turns out that after 6 months I don't need the widget like I thought I did, and fortunately for me there is a clause that I now discover is illegal. Now you have a widget neither of us want, and are don't have money to show for your last 6 months making it.