Podcasts about enforceability

The objective theory of contracts states that a party's intention to enter into a contract is judged by outward, objective manifestations (words and conduct) as interpreted by a reasonable person in the offeree's position, rather than the party's secret, subjective intentions. This differs from a purely subjective approach, which would focus on what the parties actually thought, potentially leading to uncertainty and difficulty in enforcement.The common law mirror image rule requires that the acceptance must precisely match the terms of the offer; any deviation constitutes a counteroffer. U.C.C. Section 2-207 modifies this for the sale of goods, particularly between merchants, by allowing a definite expression of acceptance to create a contract even with additional or different terms, unless those terms materially alter the agreement, the offer expressly limits acceptance to its terms, or the offeror objects.Valid consideration is a bargained-for exchange of legal value, where each party gives up something of legal value (a right, a promise, or an act) in exchange for something of legal value from the other party. For example, if Sarah agrees to sell her used car to John for $5,000, Sarah's promise to transfer the car and John's promise to pay the money both constitute valid consideration.Promissory estoppel, or detrimental reliance, allows a court to enforce a promise even without traditional consideration if the promisor makes a clear and unambiguous promise, the promisee reasonably and foreseeably relies on that promise to their detriment, and injustice can only be avoided by enforcing the promise. This might occur if an employer promises an employee a bonus upon retirement, and the employee retires in reliance on that promise.The typical categories of contracts falling under the Statute of Frauds include contracts for the sale of land, contracts that cannot be performed within one year, contracts in consideration of marriage, contracts to answer for the debt of another, and contracts for the sale of goods priced at $500 or more. These contracts are generally required to be in writing to prevent fraudulent claims and provide more reliable evidence of the agreement's terms given their significance or duration.Substantial performance occurs when a party has performed the essential purpose of the contract in good faith, but with minor deviations. The non-breaching party must still perform but may be entitled to damages for the minor defects. Material breach, on the other hand, is a significant failure to perform that defeats the essential purpose of the contract, allowing the non-breaching party to suspend their own performance and sue for damages.The primary goal of compensatory damages is to compensate the non-breaching party for the loss suffered as a direct result of the breach, aiming to put them in the same economic position they would have been in had the contract been fully performed. The two main types are direct damages (loss of the bargain) and consequential damages (foreseeable losses resulting from the breach). A limitation on consequential damages is that they must have been reasonably foreseeable to the breaching party at the time the contract was formed.Specific performance is an equitable remedy where a court orders the breaching party to fulfill their contractual obligations. It is typically granted only when monetary damages are inadequate to compensate the non-breaching party, such as in contracts for the sale of unique goods (e.g., rare artwork) or real estate, where each piece of property is considered unique.An intended beneficiary is a third party whom the contracting parties intended to benefit directly from the contract and has the right to enforce the contract against the promisor. An incidental beneficiary, on the other hand, is a third party who may indirectly benefit from the contract but was not the intended recipient of that benefit and does not have the right to enforce the contract.

Contract Law Fundamentals – Formation, Enforceability, and PerformanceThis lecture provides a comprehensive overview of contract law, a core subject in both law school and bar exam preparation. It examines how legally enforceable agreements are formed, what makes them valid or voidable, how obligations are performed or breached, and what remedies are available.FormationContract formation requires:Offer: A clear and definite promise showing willingness to enter into an agreement.Acceptance: Unequivocal assent to the terms of the offer, typically governed by the mirror image rule in common law and more flexibly under the Uniform Commercial Code.Consideration: A bargained-for exchange of value between the parties.Mutual Assent: Both parties must agree to the same terms under the objective theory of contract.Capacity and Legality: Parties must have the legal ability to contract, and the subject matter must be lawful.Defenses to FormationEven where the above elements are present, certain defenses may render a contract unenforceable:Misrepresentation (fraudulent or innocent)Duress and Undue InfluenceMistake (mutual or unilateral)UnconscionabilityLack of genuine assentThe Statute of Frauds requires certain contracts—like those involving real estate, suretyship, or long-term performance—to be in writing and signed.Performance and BreachUnder common law, parties must substantially perform their obligations unless there is a material breach.Under the UCC, the perfect tender rule applies, allowing buyers to reject goods that do not conform exactly to the contract.RemediesWhen breach occurs, the law aims to protect the expectation interest:Compensatory damages to put the non-breaching party in the position they expected.Consequential damages for foreseeable losses stemming from the breach.Liquidated damages if contractually specified and reasonable.Specific performance as an equitable remedy when monetary damages are inadequate.Restitution to prevent unjust enrichment.Third-Party RightsIntended beneficiaries may enforce contracts made for their benefit.Assignments and delegations allow parties to transfer rights and duties, with some limitations.A novation can relieve the original party of liability if the obligee agrees to substitute a new obligor.Policy ConsiderationsContract law balances freedom of contract with fairness, predictability, and market efficiency. The law adapts through judicial doctrines, statutory frameworks like the UCC, and evolving commercial practices, especially in digital transactions and standard form contracts.

Lecture 1 I. Introduction to Contract Law Good morning! Welcome to our three-day deep dive into Contract Law. Over the next three sessions, we will examine every major aspect needed to pass a law school exam or bar exam question on contracts. Today, we'll focus on the foundations of contract law, including formation (offer, acceptance, consideration) and defenses to enforceability. A. Definition and Importance of Contracts A contract is a legally enforceable agreement between two or more parties. Contracts allow parties to confidently arrange transactions, plan for the future, and allocate risk. II. Formation of a Contract Contract formation centers on offer, acceptance, and consideration. Offer An offer is a manifestation of willingness to enter into a bargain, justifying another in believing that their assent will conclude the deal. Must be sufficiently definite and certain. Offers can be terminated by revocation, rejection or counteroffer, lapse of time, or operation of law (e.g., death of offeror before acceptance). Acceptance Acceptance is the offeree's unambiguous assent to the terms of the offer. Common Law Mirror Image Rule: Acceptance must match the offer precisely; otherwise, it's a counteroffer. Mailbox Rule: Acceptance is generally effective upon dispatch if correctly mailed or transmitted. UCC 2-207 (Battle of the Forms) relaxes the mirror image rule for the sale of goods. Consideration Consideration requires a bargained-for exchange of legal value or detriment. Gifts and past actions typically do not constitute consideration. Preexisting Duty Rule: A promise to do what one is already obligated to do is not valid consideration (exceptions: unforeseen difficulties, mutual modifications under the UCC, etc.). Promissory Estoppel can make certain promises enforceable even without consideration if the promisee justifiably relied on the promise to their detriment. III. Enforceability and Defenses Even if a contract appears valid, certain defenses may render it unenforceable or voidable: Statute of Frauds (SoF) Certain contracts (e.g., for land interests, goods over $500) must be in writing and signed by the party to be charged. Exceptions include part performance, specially manufactured goods, or reliance where injustice can be avoided only by enforcement. Capacity Minors: Contracts with minors are usually voidable by the minor. Mental Incapacity: Contracts can be voidable if a party cannot understand the nature of the transaction. Intoxication: A party significantly impaired may void the contract if the other had reason to know. Illegality and Public Policy Contracts for an illegal purpose (e.g., illicit gambling) are void. Some contracts violating public policy (e.g., overly broad non-competes) may be unenforceable. Misrepresentation, Fraud, Duress, Undue Influence Misrepresentation/Fraud: False statements or intentional deception that induces another to contract. Duress: Agreement obtained through improper threats or harm. Undue Influence: Unfair persuasion by a dominant party over a vulnerable party.

Parenting Plans: The Foundation of Co-Parenting After DivorceIn this episode of How to Split a Toaster, Seth Nelson and Pete Wright dive deep into the crucial topic of parenting plans as part of their season-long series, Your Divorce Case. Seth shares his expertise on the essential components of a parenting plan and how they can help establish a solid foundation for co-parenting after divorce.Navigating the Complexities of Parenting PlansSeth and Pete discuss the key aspects of parenting plans, including parental responsibility, time-sharing, and addressing the unique needs of children at different ages. They explore how the court determines the best interests of the child using various factors and delve into the implications of relocation cases. The hosts also touch on the importance of flexibility and adaptability in parenting plans while maintaining clear and enforceable guidelines.Questions we answer in this episode:What are the essential components of a parenting plan?How do courts determine the best interests of the child?What happens when one parent needs to relocate for work?Key Takeaways:Parenting plans should be clear, unambiguous, and enforceableFlexibility and adaptability are crucial for successful co-parentingSubstantial changes in circumstances can warrant modifications to the parenting planThis episode offers invaluable insights for anyone navigating the complexities of divorce with children. Seth's expertise and Pete's thoughtful questions provide listeners with a comprehensive understanding of parenting plans and how they can help establish a strong foundation for co-parenting after divorce. By tuning in, you'll gain the knowledge and tools needed to create a parenting plan that prioritizes your children's well-being and fosters a healthy co-parenting relationship.Links & NotesSchedule a consult with SethGot a question you want to ask on the show? Click here! (00:00) - Welcome to How to Split a Toaster (02:10) - PEACE: Parenting Plan (03:08) - Essential Components (05:58) - Legal Terms (07:49) - Determining What's Best for the Child (11:27) - Weight for the Factors (12:52) - Geography (15:51) - How Detailed? (18:32) - Allowing for Flexibility (20:39) - Modifying It (23:19) - Enforceability (26:18) - Education, Healthcare, Extracurriculars, Etc. (29:14) - Changes in FL Law (31:01) - It's About the Child, Not You (33:03) - Wrap Up Learn more about the Holiday Harmony: Soberlink's Tools for Safe and Conflict-Free Co-Parenting webinar and sign up to attend right here! It's on Saturday, November 16th, at 9:30a PT. 

Mastering Contracts and Sales for the MBE with Celebration Bar Review This comprehensive episode discusses Celebration Bar Review's methodology for mastering contracts and sales for the Multistate Bar Examination (MBE). It begins with foundational concepts such as offer, acceptance, and consideration, and navigates through key legal principles like promissory estoppel, statute of frauds, and unconscionability. It examines anticipatory repudiation, third-party beneficiaries, assignments, and delegations, leading to a detailed exploration of the Uniform Commercial Code (UCC) Article 2, which governs the sales of goods. The episode further delves into the distinction between goods and services, contract formation under the UCC, and buyer remedies for defective goods. Additionally, it explains constructive notice, exceptions to the statute of frauds, and the parole evidence rule, providing real-world examples and strategic insights for future lawyers to tackle MBE questions effectively. 00:00 Introduction to Contracts and Sales on the MBE 00:37 Foundations of Contract Law: Offer, Acceptance, and Consideration 01:30 Promissory Estoppel: When Fairness Overrides Consideration 02:39 The Statute of Frauds: Ensuring Written Contracts 03:49 Unconscionability: When Contracts Shock the Conscience 05:14 Performance and Breach: Navigating Contractual Obligations 06:41 Third Party Beneficiaries: Rights and Enforceability 07:39 Assignments and Delegations: Transferring Contractual Rights and Duties 08:47 Uniform Commercial Code (UCC) Article 2: Sales of Goods 09:44 Understanding the Predominant Factor Test 10:17 Flexibility of UCC Contracts 10:39 Battle of the Forms Explained 11:36 Implied Warranties Under the UCC 12:50 Remedies for Defective Goods 13:59 Real Estate Contracts on the MBE 14:46 Key Concepts in Real Estate Transactions 15:36 Constructive Notice and Due Diligence 18:14 Statute of Frauds and Essential Terms 19:38 Parole Evidence Rule and Its Exceptions 22:23 Final Tips for MBE Success Want to discover the right bar prep course for you? Take this FREE, No-Obligation Quiz to find out! [QUIZ] What's the Best Bar Review Course For You? For more information, visit us at https://www.celebrationbarreview.com  

Katie and Steve speak with preeminent art advisor Megan Fox Kelly about the proliferation of resale restrictions in art transactions, what problems they seek to address, who they purport to help, how effective they are, and the legal issues they raise. They discuss the overlapping cultural, social, and legal aspects of these contractual terms.   Notes for this episode: https://artlawpodcast.com/2024/10/08/enforceability-and-effectiveness-of-art-market-resale-restrictions/   Follow the Art Law Podcast Instagram: https://www.instagram.com/artlawpodcast/ TikTok: https://www.tiktok.com/@artlawpodcast Katie and Steve discuss topics based on news and magazine articles and court filings and not based on original research unless specifically noted.

Creating simpler and fairer forms for the real estate industry wasn't originally on eXp Realty CEO Leo Pareja's forecast, but they did it. In this episode, we discuss eXp's motivation to create those forms and open them up for the whole industry to use. We also talk about the benefits and risks of leading from the front, the reasoning to no longer do cooperation compensation, and why you should do the same.   Leo also gives his outlook on the future of real estate, and how it's going to be based on skills and confidence. To connect with and learn more about Leo visit - LinkedIn - eXp Realty.   Follow this link for the forms mentioned in the show.   Follow Real Estate Insiders Unfiltered Podcast on Instagram - YouTube - Facebook - LinkedIn - TikTok. Visit us online at realestateinsidersunfiltered.com. This podcast is produced by Two Brothers Creative 2024.

Buy a round! Become a Patron! Links Recent Court Decisions Shed Light on Enforceability of Electronic Contracts in the U.S. Pig in the Middle (Wikipedia) Quoits (Wikipedia) Cord (unit) (Wikipedia) July 4th in Gatlinburg Project 2025 Buy a round! Become a Patron!

In this episode of On the Rail Podcast, hosts Jenna and Liz engage with Megan Rechberg, a part-time litigation attorney and equine law specialist, to explore critical legal and ethical aspects of the horse industry. The discussion covers Megan's unique background, the essential role of contracts in equine transactions, and actionable advice for managing expectations and risks. The episode also addresses the impact of social media and AI on horse marketing, emphasizing the importance of transparency, proper representation, and effective communication to avoid legal issues and foster positive relationships within the industry. Practical guidance on maintaining integrity while leveraging technology is also shared. Related Links/Products Mentioned: -Amateur Arena is conducting an anonymous survey for amateur exhibitors. Take the survey here. 00:00 Welcome and Housekeeping 01:52 Introducing Megan Reckberg 02:43 Megan's Journey: From Riding to Law 06:39 Equine Law Essentials 12:57 The Importance of Contracts in the Horse World 25:57 Common Pitfalls and Solutions 27:48 Managing Expectations with Contracts 40:46 Risk Management in Horse Transactions 48:54 Financial Penalties in Contracts 49:15 Guarantees in Sales Contracts 50:06 Importance of Strong Contracts 50:44 Contracts in Horse Relationships 52:08 How to Get Out of Contracts 53:48 Training and Board Agreements 54:04 Handling Equipment in Trainer Breakups 01:00:53 Enforceability of Contracts 01:11:33 Social Media and Legal Implications 01:21:22 Future Trends in the Horse Industry 01:26:39 Conclusion and Contact Information

In this episode of S&C's Critical Insights, Annie Ostrager, Co-Head of S&C's Labor & Employment Group, and Jeannette Bander, a partner in S&C's Executive Compensation Group, discussed non-compete agreements and the evolving nature of their enforceability, including developments at the federal and state level.

Welcome back to another episode of the 360 Money Matters Podcast!  In this episode, we explore estate planning, dispelling the misconception that it's solely about who will inherit your assets. We stress the need for professional assistance in creating a valid will to document wishes accurately. We also highlight concerns regarding inheritance taxation, particularly in superannuation cases, where non-tax dependents may face taxable status. Additionally, we advise seeking professional advice and introduce a strategy called a recontribution strategy. This strategy, if certain conditions are met, can alter the superannuation status, potentially avoiding or minimizing taxes when the proceeds are distributed to non-dependents.  In conclusion, we suggest having transparent conversations with beneficiaries to communicate the reasoning behind decisions in the estate plan. Individuals should also consider the importance of seeking professional guidance and conducting regular assessments of the plan. Discover the secrets of estate planning on our latest episode! We break down myths, share tips on dividing assets, tackle tax complexities, and reveal strategies to cut down on taxes. Don't miss out on expert insights—listen now to make your estate planning decisions smarter and simpler! - This podcast contains information that is general in nature. It does not take into account the objectives, financial situation, or needs of any particular person. You need to consider your financial situation and needs before making any decisions based on this information. This information is provided by Billy Amiridis &  Andrew Nicolaou of 360 Financial Strategists Pty Ltd, authorized representatives and credit representatives of AMP Financial Planning – AFSL 232706   Episode Highlights Importance and complexity of estate planning Importance of engaging with a professional for valid wills Enforceability of estate plan Importance of reviewing the estate plan periodically Challenges of equalization and considering various factors Ensuring beneficiary nominations align with future wishes Importance of discussing the estate plan with beneficiaries Testamentary trusts and their uses Consideration of wishes and goals for the estate plan   Connect with Billy and Andrew! 360 Financial Strategists    Check out our latest episode here:  Apple Podcast Spotify Google Podcast  

Understanding Real Covenants and Equitable Servitudes. Real covenants and equitable servitudes are legal mechanisms that shape the use of land and create enforceable obligations for property owners. Real Covenants. A real covenant is a contractual agreement between property owners that imposes certain obligations or restrictions related to land use. These covenants are typically found in deeds or other written agreements. Enforceability. For a real covenant to be enforceable, it must meet certain criteria, including a writing requirement, intent to bind successors, and touch and concern the land. Courts carefully examine these elements to determine the covenant's validity. Equitable Servitudes. Equitable servitudes are similar to real covenants but are based on principles of fairness and equity. These servitudes arise when a property owner, through a written agreement or a pattern of conduct, creates an obligation that runs with the land. Enforcement. Equitable servitudes are enforced in equity, meaning that a court can issue an injunction to prevent a violation of the servitude. This legal mechanism allows for the protection of property interests and the preservation of neighborhood aesthetics. Case Study: The Miller Subdivision. In the Miller Subdivision case, homeowners in a residential subdivision had a real covenant prohibiting the construction of fences over a certain height. One homeowner, Mr. Thompson, erected a fence exceeding the agreed-upon limit. The court, in its decision, analyzed the enforceability of the real covenant and the impact on property values and neighborhood aesthetics. Land Use Planning and Zoning Laws. Real covenants and equitable servitudes intersect with land use planning and zoning laws. Zoning regulations, established by local governments, dictate how land can be used and developed within a specific area. Case Study: The City of Greenwood Zoning Dispute. In the Greenwood case, a property owner sought to challenge a zoning restriction limiting the height of structures. This scenario provides insights into how zoning laws and real covenants may conflict, raising questions about property rights and community interests. Practical Considerations for Property Owners. Understanding real covenants and equitable servitudes is crucial for property owners and developers. Whether you're planning a new development or navigating existing agreements, a deep grasp of these legal mechanisms is essential. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

This podcast series is curated by our association firm in Indonesia, Widyawan & Partners. Episode 1: Regulatory Developments in Indonesia – a Multi-Sectoral Highlight Electronic signature has now been widely used in Indonesia owing to, among other things, the adaptation of remote working following the pandemic. Wet signature was never a requirement to create a binding contract but would certainly be helpful to establish its existence in a contentious situation. In this episode, our Litigation, Arbitration and Investigations partner, Narendra Adiyasa and managing associate, Tengku Almira Adlinisa will discuss the risk for challenges associated with agreements bearing electronic signature, the additional evidentiary burden it may create and the potential defence. To listen to all episodes in this series, visit our Regulatory Developments in Indonesia – a Multi-Sectoral Highlight.

This podcast series is curated by our association firm in Indonesia, Widyawan & Partners. Episode 1: Regulatory Developments in Indonesia – a Multi-Sectoral Highlight Electronic signature has now been widely used in Indonesia owing to, among other things, the adaptation of remote working following the pandemic. Wet signature was never a requirement to create a binding contract but would certainly be helpful to establish its existence in a contentious situation. In this episode, our Litigation, Arbitration and Investigations partner, Narendra Adiyasa and managing associate, Tengku Almira Adlinisa will discuss the risk for challenges associated with agreements bearing electronic signature, the additional evidentiary burden it may create and the potential defence. To listen to all episodes in this series, visit our Regulatory Developments in Indonesia – a Multi-Sectoral Highlight.

Non-Compete Agreements and clauses are common in Physician Employment Agreements. However, the landscape might be changing due to the recent proposal by the Federal Trade Commission (FTC) to ban all non-compete agreements. In this episode, series regular Jay Reyero joins us as we explore the current state of non-compete agreements. We discuss the implications of the FTC's proposal, especially as it relates to Physician Employment Agreements, the misconceptions surrounding non-compete enforceability, and essential factors to consider when reviewing an employment agreement.Visit our website www.byrdadatto.com to learn more and to subscribe to the ByrdAdatto newsletter. Follow us on social media to stay up-to-date on the ByrdAdatto family. Finally, subscribe to our YouTube channel for short videos on breaking developments and interesting business and health care compliance topics. Facebook: https://www.facebook.com/ByrdAdatto/ Twitter: https://twitter.com/ByrdAdatto Instagram: https://www.instagram.com/byrdadattolaw/ LinkedIn: https://www.linkedin.com/company/byrdadatto YouTube: https://www.youtube.com/channel/UC6VSOw0W5lrrj4iIl1HxTbg

On May 30, 2023, the National Labor Relations Board (NLRB) issued a memorandum advising NLRB regional directors that most non-compete agreements infringe on an employee's Section 7 rights under the National Labor Relations Act (NLRA). The memo follows on the heels of the Federal Trade Commission's (FTC) January 5, 2023, proposed rule prohibiting employers from imposing non-compete clauses on employees—a rule that the FTC has now delayed implementation of until April 2024. Labor & Employment Practice Group member Allen L. Hutson joins the podcast to discuss why the NLRB has begun to aggressively pursue the use of non-compete agreements, who will be affected by the new rules, and the impact they could have on other confidentiality and non-solicitation agreements.About Allen L. HutsonAddition Resources: The Federal Government Takes Another Shot at Non-Compete Agreements Connect with Crowe & Dunlevy:Website | Facebook | Twitter | LinkedIn

In January, the Federal Trade Commission issued a proposed rule that would prohibit all employers nationwide from imposing non-compete clauses on workers, and making the rule retroactive, meaning all pre-existing non-compete agreements would become invalid and unenforceable as well. Arguing that non-compete agreements significantly reduce workers' wages, this is one of the most aggressive steps taken by the federal government to insert itself into an area previously completely controlled by state law. Labor & Employment Practice Group member Allen L. Hutson provides an overview of the rules on non-compete agreements nationwide and in Oklahoma, breaks down the FTC's proposed rule and the industries it applies to, and discusses the myriad of challenges it may face during and after the public comment period, including the application of the U.S. Supreme Court's “Major Questions” doctrine.About Allen L. HutsonAddition Resources: Are Non-Compete AGreements on the Chopping Block? Connect with Crowe & Dunlevy:Website | Facebook | Twitter | LinkedIn

TimesLIVE spoke to attorney Siphile Buthelezi about the legal basis of the letter of demand he sent on behalf of clients to the department of public enterprises and Eskom. On Eusebius on TimesLIVE, he was asked to justify the legal argument that underpinned this demand. Buthelezi, as can be heard in the accompanying audio, is confident the state does not only have a political duty to ensure a secure supply of electricity but, specifically, also a legally enforceable duty to do so. He insists, despite pressure testing questions from the podcast host, several constitutional rights of citizens are directly and unlawfully violated by government due to the ongoing rolling blackouts. Eusebius McKaiser and Buthelezi debate whether the demands of the attorney's clients are too expansive, and possibly trample on the doctrine of separation of powers by encroaching on the exclusive authority of the executive to determine policy. The conversation also focuses on why citizens are legally entitled to greater transparency from government on the content of its plans to fix the energy crisis.

We are delighted to share Innangard's podcast on the use and enforceability of post-termination restrictions (“PTRs”) in the employment relationship. In this episode, Ulf Goeke of Seitz in Germany, Regan O'Driscoll of CC Solicitors in Ireland, Jef Michielsen of Bellaw in Belgium, Merrill April and Naomi Latham of CM Murray LLP, discuss the following: Whether employers tend to pay employees to keep them out of the market for the duration of their PTRs and if so, does such a duty arise from case law or statute? The UK's Government consultation on potentially reforming the use of non-competes and how this position differs elsewhere in the world. Are directors and partners/LLP members treated differently when it comes to enforcing PTRs, and is it common for their PTRs to be lengthier or more restrictive in comparison to employees? How employers approach PTRs more generally, particularly in respect of inserting PTRs into contracts of employment, enforcing them once the employment relationship ends and whether the courts approach differs in any way. Whether there are specific elements of a PTR, such as its geographical scope, which employers commonly include and/or are challenged by employees. Similarly, whether the use of anti-team move provisions are commonly used in respective jurisdictions. If you would like to find out more about the matters discussed in this podcast, please contact any one of the panellists or visit the Innangard website, LinkedIn or Twitter account for more information and contact details.

What does using “best endeavours” or doing things “in good faith” actually mean?  During contract negotiations, absolute obligations are often watered down by a range of terms from “best endeavours” to “commercially reasonable efforts” but what effect do these words have? How strong is the obligation in each case and is the meaning clear? The answer often depends on where you are and how the local courts have interpreted these words before.  So, should we be describing a contractual obligation in this way or is there a better way to do it?  In this episode of our Better Contracts series, Chloe Forster, Diego Ramos and Nick Boyle look at a variety of commonly used drafting terms and how choosing particular words can affect the enforceability of the resulting contract in the UK, Spain and Australia.See omnystudio.com/listener for privacy information.

In this episode, Michael and Brad break down the common perception that “non-competes are not enforceable.” Tune in as we share the story of a physician who spent close to $100k litigating his non-compete agreement. We discuss risk tolerance, state courts vs. appellate courts, and the enforceability of non-competes.Visit our website www.byrdadatto.com to learn more and to subscribe to the ByrdAdatto newsletter. Follow us on social media to stay up-to-date on the ByrdAdatto family. Finally, subscribe to our YouTube channel for short videos on breaking developments and interesting business and health care compliance topics.Facebook: https://www.facebook.com/ByrdAdatto/Twitter: https://twitter.com/ByrdAdattoInstagram: https://www.instagram.com/byrdadattolaw/LinkedIn: https://www.linkedin.com/company/byrdadattoYouTube: https://www.youtube.com/channel/UC6VSOw0W5lrrj4iIl1HxTbg

Alfred Ip and Raphael Wong discuss nuptial agreements – prenuptial and postnuptial. They talk about enforceability, legal representation, assets disclosure and renegotiation, as in the high-profile rumored case of Melania Trump and the former US President. They also compare such arrangements for protecting financial assets using Family Trusts and give real-life examples about how individual situations might differ. Show Notes02:59 What is a nuptial agreement? 06:16 Are family trusts an alternative? 07:30 Radmacher v Granatino 09:12 Enforceability of nuptial agreements 12:17 Legal representation of the parties 12:58 Full and frank disclosure 17:17 Reviewing and renegotiating agreements 19:23 Choice of law and choice of court 21:29 To sum up

Max Hillebrand joins me for a multi-episode conversation covering the masterwork on libertarian philosophy “The Ethics of Liberty” written by Murray Rothbard.Be sure to check out NYDIG, one of the most important companies in Bitcoin: https://nydig.com/GUESTMax's twitter: https://twitter.com/HillebrandMaxMax's Website: https://towardsliberty.com/btcpay/apps/wxB4qDBjfaZNqn9vSidLnn4dGbV/pos PODCASTPodcast Website: https://whatismoneypodcast.com/Apple Podcast: https://podcasts.apple.com/us/podcast/the-what-is-money-show/id1541404400Spotify: https://open.spotify.com/show/25LPvm8EewBGyfQQ1abIsE?si=wgVuY16XR0io4NLNo0A11A&nd=1RSS Feed: https://feeds.simplecast.com/MLdpYXYITranscript:OUTLINE00:00:00 “What is Money?” Intro00:00:05 NYDIG00:01:23 Introduction to Max and “The Ethics of Liberty”00:05:36 Defining Praxeology00:13:01 Human Action, Observation, and Value00:16:25 Preferences and Want-Satisfaction00:17:33 Apriori vs. Empirical Knowledge00:21:19 Defining Property00:29:45 Property Rights and Alienability00:32:13 Property's Dependence on Defensibility00:36:47 Non-Aggression (Yin) and Self-Defense (Yang)00:39:40 The Universal Ethic: “Do Not Steal”00:44:02 The Enforceability of Property00:49:45 Castles and Preemptive Protection00:54:12 The Architectural Defenses of Bitcoin00:57:22 “Bitcoin Dies if No One Cares About Freedom”00:58:58 Bitcoin and the Scale, Duration, and Frequency of ViolenceSOCIALBreedlove Twitter: https://twitter.com/Breedlove22WiM? Twitter: https://twitter.com/WhatisMoneyShowLinkedIn: https://www.linkedin.com/in/breedlove22/Instagram: https://www.instagram.com/breedlove_22/TikTok: https://www.tiktok.com/@breedlove22?lang=enAll My Current Work: https://linktr.ee/breedlove22​WRITTEN WORKMedium: https://breedlove22.medium.com/Substack: https://breedlove22.substack.com/WAYS TO CONTRIBUTEBitcoin: 3D1gfxKZKMtfWaD1bkwiR6JsDzu6e9bZQ7Sats via Strike: https://strike.me/breedlove22Sats via Tippin.me: https://tippin.me/@Breedlove22Dollars via Paypal: https://www.paypal.com/paypalme/RBreedloveDollars via Venmo: https://venmo.com/code?user_id=1784359925317632528The "What is Money?" Show Patreon Page: https://www.patreon.com/user?u=32843101&fan_landing=trueRECOMMENDED BUSINESSESWorldclass Bitcoin Financial Services: https://nydig.com/Join Me At Bitcoin 2022 (10% off if paying with fiat, or discount code BREEDLOVE for Bitcoin): https://www.tixr.com/groups/bitcoinconference/events/bitcoin-2022-26217Put your Bitcoin to work. Earn up to 12% interest back on Bitcoin with Tantra: https://bit.ly/3h3lL0jIBAC assists central banks and sovereign wealth funds succeed in their digital asset investments: https://www.ibac.io/Automatic Recurring Bitcoin Buying: https://www.swanbitcoin.com/breedlove/

In this episode, we discuss the different types of restrictive covenants that can be used by employers, and how easily enforceable they are. We also provide solutions for employers who have employees breaching their restrictive covenants. Subscribe to our podcast today to stay up to date on employment issues from law experts worldwide.Moderator: Peter Walts (Employment Law Alliance / Global)Guest Speaker: Julica "Jules" Harvey & Gambrill Robinson (Canterbury Law Ltd. / Bermuda)

Enforceability of Transfers and Dismemberments (démembrements) of Partnership Interests - CLP/SCS #362-351* *Article #362-351* *YouTube Video 351* . . . . . . . . #Corporate , #Avocat , #ServeAndThrive , #ThriveAndAccomplishYourMission , #MariauxAvocats , #MissionDriven , #MissionDrivenVenture , #AlternativeInvestment , #LimitedPartnership , #LP , #CommonLimitedPartnership , #CLP , #SCS , #SociétéEnCommanditeSimple, #DFI To see this publication, go to our blog The VADE-MECUM - https://mariauxavocats.com/vademecum. Subscribe to: Bertrand Mariaux Avocats' YouTube channel; & Podcast THE LAW & IMPACT PODCAST | Le PODCAST DU DROIT & DE L'IMPACT - https://mariauxavocats.com/podcast Connect with Bertrand on: LinkedIn @BertrandMariaux; Facebook @BertrandMariaux; & Instagram / IGTV @ThriveAndAccomplishYourMission Follow us on: LinkedIn @BertrandMariauxAvocats; Facebook @MariauxAvocats; & Twitter: @BertrandMariaux Any content published on MariauxAvocats.com does not constitute legal advice. Its sole purpose is to provide general information at the date of publication. Whenever necessary, it is preferable to seek advice from a licensed lawyer. Les contenus publiés sur MariauxAvocats.com ne constituent ni des conseils, ni des consultations juridiques. Ils sont uniquement destinés à fournir une information générale à la date de leur publication. En cas de besoin, veuillez consulter un avocat.

#339-328* Enforceability of transfers and dismemberments of partnership interests (SLP) *Article #339-328* *Podcast #339 *YouTube Video 328* . . . . . . . . #corporate , #avocat , #ServeAndThrive , #ThriveAndAccomplishYourMission , #MariauxAvocats , #MissionDriven , #MissionDrivenVenture , #alternativeinvestment , #limitedpartnership , #LP , #SpecialLimitedPartnership , #SLP , #SCSp , #sociétéencommanditespéciale, #DFI To see this publication, go to our blog The VADE-MECUM - https://mariauxavocats.com/vademecum. Subscribe to: Bertrand Mariaux Avocats’ YouTube channel; & Podcast THE LAW & IMPACT PODCAST | Le PODCAST DU DROIT & DE L’IMPACT - https://mariauxavocats.com/podcast Connect with Bertrand on: LinkedIn @BertrandMariaux; Facebook @BertrandMariaux; & Instagram / IGTV @ThriveAndAccomplishYourMission Follow us on: LinkedIn @BertrandMariauxAvocats; Facebook @MariauxAvocats; & Twitter: @BertrandMariaux Any content published on MariauxAvocats.com does not constitute legal advice. Its sole purpose is to provide general information at the date of publication. Whenever necessary, it is preferable to seek advice from a licensed lawyer. Les contenus publiés sur MariauxAvocats.com ne constituent ni des conseils, ni des consultations juridiques. Ils sont uniquement destinés à fournir une information générale à la date de leur publication. En cas de besoin, veuillez consulter un avocat.

Seasoned Dallas Legal Expert Quentin Brogdon from Crain Brogdon LLP on Newsradio 700 WLW broadcasting in the Greater Cincinnati area.Connect with Quentin Brogdon

Behind the Pages, the podcast of the Journal on Education in Emergencies, features exciting and timely conversations with JEiE authors about their work on education in regions affected by crisis and conflict. In this episode, Sarah Horsch Carsley and Garnett Russell discuss how political will, the availability of resources in refugee-receiving countries, and weak formal enforcement mechanisms create a gap between the spirit of the three international treaties that guarantee refugees’ legal right to education and refugees’ actual access to school. In their article “Exploring the Enforceability of Refugees’ Right to Education: A Comparative Analysis of Human Rights Treaties,” Horsch Carsley and Russell find that treaties that focus on cultural, economic, and social rights, including the right to education, are less enforceable overall than treaties that secure political and civil rights.

Karen Witherell of Bove & Langa, PC, in Boston explains the enforceability of ewills in Massachusetts. This podcast is excerpted from MCLE’s 60-Minute Lawyer program on ewills, which was recorded on 9/24/2019. The full estate planning CLE program is available as an on demand webcast or an MP3 here. Get 24/7 instant access to hundreds of eLectures—and more—with an annual subscription to the MCLE OnlinePass. Learn more at www.mcle.org/onlinepass.

01:10 - Don’s Superpower: He is a generalist. He has lots of skills he can bring together in one place. 02:25 - Ethics and Open Source Open Source is Broken (https://medium.com/@degoodmanwilson/open-source-is-broken-d836efbceb4f) OSI (https://en.wikipedia.org/wiki/Open_Source_Initiative) How Can we Make Sure Our Code isn’t Weaponized 08:34 - Consequentialism (https://en.wikipedia.org/wiki/Consequentialism) vs Contractualism (https://en.wikipedia.org/wiki/Contractualism) OSI FAQ (https://opensource.org/faq) Free Software Foundation (https://en.wikipedia.org/wiki/Free_Software_Foundation) 18:15 - The Paradox of Tolerance/Paradox of Openness 19:15 - Is Licensing the Right Mechanism for Bringing Ethics into Open Source 23:40 - Enforceability of Open Source Licenses (https://en.wikipedia.org/wiki/Open-source_license) 28:40 - Compensation as an Ethical Consideration 34:30 - Quantifying the Value the Open Source Software Gives 38:24 - Empowering People Who Participate in Open Source It’s OK to Question Authority Not Everyone Has the Privilege to Participate in Open Source Ethics in Open Source Licenses 48:31 Tierney Cyren @bitandbang (https://twitter.com/bitandbang) This episode was brought to you by @therubyrep (https://twitter.com/therubyrep) of DevReps, LLC (http://www.devreps.com/). To pledge your support and to join our awesome Slack community, visit patreon.com/greaterthancode (https://www.patreon.com/greaterthancode) To make a one-time donation so that we can continue to bring you more content and transcripts like this, please do so at paypal.me/devreps (https://www.paypal.me/devreps). You will also get an invitation to our Slack community this way as well. Amazon links may be affiliate links, which means you’re supporting the show when you purchase our recommendations. Thanks! Special Guest: Don Goodman-Wilson.

If you wish to receive Private Tutoring: shaveen@outlook.com For complete courses, including Spider Graphs and Case Summaries, visit: English Legal System: http://www.udemy.com/learn-english-law/ Criminal Law: https://goo.gl/N1PM61 Contract Law: https://goo.gl/MBC7A8 Constitutional Law: https://goo.gl/wGcMuF Property Law: https://goo.gl/tGExGJ Tort Law: https://goo.gl/GAhG6p Trust Law: https://goo.gl/9JHgRH Intellectual Property: https://goo.gl/4z9eJG Jurisprudence: https://goo.gl/Ei2Ntv Commercial Law: https://goo.gl/r22QDr Conflict of Laws: https://goo.gl/TVzZmj History of English Law: https://goo.gl/A22PDL GET ALL COURSES FOR $69! https://goo.gl/9K5UXs Examination Techniques: ACE Constitutional Law: https://goo.gl/JiHNp7 ACE Contract Law: https://goo.gl/rp4Vh9 ACE Criminal Law: https://goo.gl/swxuCc ACE Tort Law: https://goo.gl/1BLVCe Amazon Kindle Books: Criminal Law: http://bit.ly/CriminalLawKindle Public Law: http://bit.ly/PublicLawKindle Trust Law: http://bit.ly/TrustLawKindle Property Law: http://bit.ly/PropertyLawKindle Jurisprudence: http://bit.ly/JurisprudenceKindle Commercial Law: http://bit.ly/CommercialLawKindle FACEBOOK: http://www.facebook.com/TheLawSimplified LINKEDIN: https://www.linkedin.com/company/thelawsimplified/ GOOGLE+: http://www.plus.google.com/+TheLawSimplified INSTAGRAM: http://www.instagram.com/thelawsimplified

Poor unfortunate souls... have the luxury of being graced with magic by the world’s greatest sea witch. Listen as Joe and Tiana discuss one of Disney's greatest villains, Ursula, the sexiest octopus under the sea and obsess over her iconic song.   Do you have your own thoughts you would like to share about this weeks episode? Find us on Facebook and Twitter or send an email to nextdoorvillain@gmail.com You can also call in and leave us a voicemail at 567-343-3359. References from this week's episode: Why We Have to Change the Way We Think About Ursula From the Little Mermaid by Katherine  A Defense of Ursula II: On the Enforceability of the Contract Dear Ursula by Melissa May

We continue our discussion on onchain governance by diving into the common critiques that people have for Decred. Decred's Noah Pierau and I touch on: Enforceability of onchain votes Stake-based vs. entity-based voting Fairness & centralization in proof of stake systems The threat of malicious actors Rate and subscribe! Host: Jason Choi (@MrJasonChoi). Not finance advice. Spartan Capital and/or Jason may or may not have positions in assets discussed on the show.  ****** Resources. Relay node newsletter (Asia crypto events) Libsyn link Apple Podcast Stitcher Spotify ****** Intro music by Phortissimo. Disclaimer: Jason Choi is an investor at Spartan Capital, the hedge fund arm of The Spartan Group. All opinions expressed by Jason and podcast guests are solely their own opinions and do not reflect the opinion of The Spartan Group and any of its subsidiaries and personnel. This podcast is for information purposes only and should not be relied upon as a basis for investment decisions. The Spartan Group and its clients may hold positions in assets described in the episode. Detailed disclaimers available at jasonchoi.me and spartangroup.io/disclaimer

New domestic violence measures announced last year came into force at the start of 2019 under the Domestic Violence Act 2018, with the aim of improving the protections available to victims of domestic violence under both civil and criminal law. How is this different to the previous legislation? And, are the resources in place sufficient enough to police the new laws? Kathy talks to Gillian Dennehy, Services Manager at Women’s Aid and Ursula Regan, a Family Law Practitioner, about what the new provisions mean for domestic violence victims and how they should be enforced. Women’s Aid 24 hour National Freephone Helpline 1800 341 900

Legal analysis of alternative dispute resolution What are the issues that arise when considering whether or not to offer alternative dispute resolution (ADR) to employees in the hope that they will use ADR in lieu of litigation? An employer wants to be sure this process will be: fair and objective; cost effective; capable of protecting the employer’s interests; reliable; binding on all parties; and a mechanism to provide closure. Arbitration Many employers are requiring, as a condition of employment, that applicants and employees give up their rights to pursue employment discrimination claims in court and agree to resolve disputes through binding arbitration. The agreements to arbitrate may be contained in an employment contract, employee handbook, or employment application. The use of such agreements can be found in various sectors of the workforce, including the securities industry, retail, restaurant and hotel chains, health care, broadcasting, and security services. Enforceability. The enforceability of mandatory arbitration of statutorily protected employee rights, such as the right to be free of discrimination on the basis of race, color, religion, national origin, age or disability, has been debated. In two decisions by the U.S. Supreme Court, the controversy was essentially put to rest. In 1991, the Court ruled in Gilmer v. Interstate/Johnson Lane Corp. that a claim subject to the Age Discrimination in Employment Act could be subject to compulsory arbitration as required by an agreement (  10 (https://answersnow.cch.com/?refUrl=https%3A%2F%2Fmy.coloniallife.com%2Fproducers%2FSearch%2520Results%3Fq%3Dcch%26page%3D1&P=collife&cpid=WKUS-REX-HRLP#09013e2c875871d0-footdocd2812e1fn32) ). The rulings give employers broad authority to require employees to arbitrate employment disputes. Agreements to arbitrate often contain two relevant provisions: one providing for arbitration of all disputes arising out of the employment relationship, and one giving the arbitrator exclusive authority to resolve the “gateway”question of enforceability (the delegation provision). Where an agreement to arbitrate includes a delegation provision, it is for the district court to consider a specific challenge to the enforceability of that particular agreement. But if a party challenges the enforceability of the agreement as a whole, the challenge is for the arbitrator. This is the result of a 2010 U.S. Supreme Court decision in Rent-A-Center, West, Inc. v. Antonio Jackson, where it was decided that where an agreement to arbitrate employment disputes gives the arbitrator exclusive authority to resolve the “gateway” question of enforceability, and where that party challenges specifically the enforceability of that particular agreement, the district court considers the challenge, but if a party challenges the enforceability of the agreement as a whole, the challenge is for the arbitrator to decide (  15 (https://answersnow.cch.com/?refUrl=https%3A%2F%2Fmy.coloniallife.com%2Fproducers%2FSearch%2520Results%3Fq%3Dcch%26page%3D1&P=collife&cpid=WKUS-REX-HRLP#09013e2c875871d0-footdocd2812e1fn40) ). The Equal Employment Opportunity Commission (EEOC) has maintained a different position. It has strongly supported voluntary alternative dispute resolution programs entered into after a dispute arises. The EEOC has asserted that mandatory binding arbitration of discrimination claims as a condition of employment is contrary to the fundamental principles of employment discrimination laws. Factors. Employees must have knowingly agreed to arbitrate employment discrimination claims before they can be forced to arbitrate those claims (  20 (https://answersnow.cch.com/?refUrl=https%3A%2F%2Fmy.coloniallife.com%2Fproducers%2FSearch%2520Results%3Fq%3Dcch%26page%3D1&P=collife&cpid=WKUS-REX-HRLP#09013e2c875871d0-footdocd2812e1fn49) ). An employer argued that its...

Hey all you awesome ears, you’re listening to Tech Policy Grind the Internet Law and Policy Foundry podcast! This is Emory, and even though I’m conspicuously absent from this upcoming conversation, we have an amazing episode coming right up. Pinal and Joe talk with Angel Diaz, 2017 fellow at the foundry and technology associate at […]

From the session on "Foundations of Libertarian Political Philosophy," presented at the Austrian Economics Research Conference. Recorded 22 March 2013 at the Ludwig von Mises Institute in Auburn, Alabama.