Angie Zahn
Shawn GrimsleySeptember 8, 2014
Let’s pretend for a moment that I was hired to work at the Fabulous Hotel as their head chef. In order to accept this job, I signed a contract with the hotel locking me into working for them for two years. After the two years were up, the Amazing Hotel down the street decided that they like my work ethic and skills in the kitchen, and the hotel owner offered me double what I made at the Fabulous to work at the Amazing. However, before I decided to quit working for the Fabulous, the owner reminded me of the contract that I signed two years prior when I first started working there. In that contact, there was the following statement, …show more content…
The law requires that both parties that enter into the contract process have the capability to actually enter into the contact. Most adults over the age of 18 are considered to have legal capability to enter into a contract CITATION Hob13 \l 1033 (Hobart Community Legal Service, Inc, 2013). However, there are certain circumstances that would prevent a party from having the capability to enter into a contract. Those circumstances are being a minor under the age of 18, mental illness, being under the influence of drugs, bankrupt, and enemy alien CITATION USL141 \l 1033 (US Legal, Inc., 2014). If a party enters into a contact and it is found that one of the signing members of the contact falls into any of these circumstances, then the contract becomes null and voided. Once capability is verified for all parties entering into the contract, the actual legality of the contact must be verified to protect both parties.
In order for a contact to exist, it must consider legal. Even if all of the other elements of the contract exist, if the contact is for exchange of anything illegal, the contract becomes null and void. One thing to keep in mind about the legality of a contract is different states have different laws about how and when a contact can be executed. Some states do not allow parties to enter into contracts on a Sunday, and if a party does enter into a contract on Sunday, the contract will become …show more content…
One is if the Fabulous Hotel made the agreement as a standalone agreement. If the state was not contained in the original contract when it was first signed, then the noncompetition clause would become come voided. However, if the clause was contained in the original contract, then the employee would have to abide by the statement.
Another circumstance that would render the noncompetition clause void would be location or the distance that is covered in the contract. If the Fabulous told the employee that they were not allowed to work for any hotel within the United States for two years, that distance is far too great to be covered by the contract. One thing to keep in mind with contractual law is that there is not a clear line by what is reasonable and what is not. That decision is left up to judicial discretion, and each case is reviewed individually for legality (Secrist,