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Not a lawyer, but I thought that one element of a binding contract (at least in the common law Anglosphere) is that the parties must intend to create a legally
by ajdlinux 7y ago
Not a lawyer, but I thought that one element of a binding contract (at least in the common law Anglosphere) is that the parties must intend to create a legally binding relationship - i.e. if two friends agree to each do a favour for each other, and one of them reneges on their promise, the courts won't hold that it's a contract because in general if you ask a friend to do a favour for you, it's not understood to be a formal legal relationship.
I wonder how that applies to embargoes that don't come with formal NDAs or whatever.
- was_boring 7y agoI worked for lawyers that did a lot of contract law. It can vary from state to state (in the U.S.) but the state I worked in a verbal agreement -- not even written down -- is legally binding. Proving a non-written agreement can be hard in court but that is a different issue.
- ajdlinux 7y agoNot disagreeing - I didn't say a verbal agreement isn't binding. What I'm saying is that a verbal agreement is binding if there's an intention to create binding relations, and not binding if there is not that intention.
- rtkwe 7y agoThere is a relationship formed though, 'we will provide you this information early on the condition that you release not before a date and time we specify.' They both get something valuable from each other, the outlet access to write a better article and to publish sooner when it will get more traffic and the company gets their earning in front of more people.