Wednesday, February 10, 2010

True or False: A promise by one party to pay another for refraining from an act is enforceable?

Would this be an example of a covenant not to compete?True or False: A promise by one party to pay another for refraining from an act is enforceable?
Without further clarification, the answer is True and/or False. A covenant not to compete is an example of it being true; a restraint on marriage or inability to alienate property (restrictive easement) may be an example of being false.





For example, people used to put in their deeds that if the successive owner ever sells the real estate to a non-white person, the real estate would revert to the original owner. This is an example of a void and unenforceable covenant.





An example of an enforceable covenant would be where I promise not to sue you for something, and in return, you pay me x-amount of dollars. That could be enforceable.True or False: A promise by one party to pay another for refraining from an act is enforceable?
Well, as my business law instructor once told me, ';a verbal agreement is worth the paper it is written on.';





Unless you are in a state that enforces verbal contracts.
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