Re: Non-disclosure agreements

From: Donald Berman <berman[_at_]ccs.neu.edu>
Date: Sat, 2 Apr 1994 20:27:41 -0500 (EST)

Trotter Hardy Writes:
>
> The test case, I suppose, would be if the deal were modified to include
> this: B says "I will tell you the date etc. and the liquidated damages
> for breach will be $10. What do you say?" A agrees. Enforceable?
> Restraint of trade?

My instinct tells me that a judge would still find some of tossing the case out - either by saying the contract lacked consideration or the liquidated damages constituted a penalty.

  Don Berman --  

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Received on Sun Apr 03 1994 - 01:28:38 GMT

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