Liquidated damages are a pre-agreed dollar amount in a contract that one party must pay if they breach, when actual losses would be hard to calculate. Courts generally enforce them if they’re a reasonable estimate of expected harm at the time of contracting, not a penalty. This article explains how liquidated damages clauses work, when […]
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Unjust enrichment occurs when someone benefits at another’s expense and keeping that benefit would be unfair under the law, even without a contract. Courts may require repayment or return of the benefit to prevent an inequitable “windfall.” This article explains the legal elements of unjust enrichment, common examples, available remedies, and key defenses. Unjust enrichment
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Promissory estoppel is a legal doctrine that can enforce a promise even without a formal contract when someone reasonably relies on it and suffers harm as a result. Courts typically look for a clear promise, foreseeable and reasonable reliance, and an injustice that can only be avoided by enforcing the promise. This article explains the
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A non-disclosure agreement (NDA) is a written contract between at least two parties that legally requires confidential information to stay private. It’s commonly used in business deals, employment, and invention discussions to prevent unauthorized sharing and enable legal remedies if breached. This article explains what NDAs are, key terms, and when to use one. Understanding
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A confidentiality agreement (NDA) is a legally binding contract between two or more parties that requires certain shared information to be kept secret. It defines what information is confidential, how it may be used, who may access it, and what happens if it’s disclosed. This article explains key terms, common uses, and how NDAs are
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An employment contract is a written or verbal agreement that sets the terms of a job—such as pay, duties, hours, and termination rules—between an employer and an employee. In most cases, it becomes enforceable once both sides accept the offer and begin work, even if nothing is signed. This article explains what employment contracts include,
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A force majeure clause is a contract term that can excuse performance and limit liability when extraordinary, uncontrollable events make obligations impossible or impracticable. It typically covers events like natural disasters, war, government actions, or pandemics, depending on the clause’s wording and governing law. This article explains what qualifies as force majeure, common examples, and
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An arbitration clause is a contract provision that requires disputes be decided by 1 private arbitrator (or panel) instead of a court. It typically limits access to a judge or jury and sets rules for filing, fees, and the process. This article explains how arbitration clauses work, common pros and cons, and when they may
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A non-compete agreement is a contract that restricts an employee from working for a competitor or starting a competing business for a set time after leaving (often 6–24 months). Employers use it to protect trade secrets, customer relationships, and competitive advantage, but enforceability depends on state law and reasonableness. This article explains the key components,
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Rescission is a legal remedy that cancels a contract and restores both parties to their pre-contract positions, treating the agreement as if it never existed. It may be available for fraud, misrepresentation, mistake, duress, or other legal defects. This article explains what contract rescission is, when it applies, and what happens after rescission. Rescission is
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