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The legal principle that provides that unless both parties to a contract are bound to perform, neither party is bound....
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breach of contract – mutuality of obligation – ambiguous
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Trial court did not err in issuing injunctive relief in favor of an employer based on a non-compete and non-disclosure agreement between the employer and an independent contractor. Although the employer was named as a corporation in the agreement even though it had not yet incorporated, the subsequently incorporated employer was entitled to enforce the agreement. The contractor entered into the agreement with the employer representing itself as a corporation and was estopped from denying the employers corporate existence to avoid her contractual obligations. The contractors status as an independent contractor, as opposed to an employee, was irrelevant to the enforceability of the agreement. Because execution of the agreement was a requirement of the contractor...
... void and Unenforceable Since It Lacked Mutuality Of Obligation. . 2. . The Trial Court Committed Pr...
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..., subject matter, a legal consideration, mutuality of agreement, and mutuality of obligation. The maj...
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... between two parties that creates an obligation to do or refrain from doing a particular thing. Th...; (2) acceptance; (3) consideration; (4) mutuality of obligation; (5) competency and capacity; and, i...
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Arbitration agreement does not lack mutuality of obligation; Consideration requires mutuality of obligation but does not require the obligations to be identical; Agreement to arbitrate employment disputes was not unconscionable; Alleged intentional tort of retaliatory discharge still arises out of employment or termination thereof and is subject to arbitration agreement; Employee cannot avoid arbitration by alleging public policy exception to employment at will; Engaging in settlement negotiations prior to filing of lawsuit is not waiver of right to arbitrate.
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...There was no obligation on Airbus to provide work to Mr Fitzpatrick, nor t.... The comments made in the case on Mutuality of obligation include: . Mutuality of obligation ....
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... the drafts' no-liability clause negated mutuality of obligation in the lease agreements, (2) Arringt...
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..., subject matter, a legal consideration, mutuality of agreement, and mutuality of obligation. When en...