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At arm's length mean, it must be an adequate amount. For example, I can sell a 10 Million dollar home in most jurisdictions to you for 1 USD. While this contrac
by Beijinger 2y ago
At arm's length mean, it must be an adequate amount. For example, I can sell a 10 Million dollar home in most jurisdictions to you for 1 USD. While this contract may be valid, it may create tax liabilities because the tax authorities will say this was not a sale, this was a gift.
As a counter example: In many jurisdictions, a work contract that specifically request lots of overtime or forbids working for a competitor in the future would require a significant extra payment and not 1 USD. 1 USD would not be considered at arm's length.
- borski 2y agoSure, agreed. That is not the case that is being referred to here, where someone was assigning over IP that they had built while employed by the company but without an explicit agreement about who owns that IP. In this case, $1 or $20 would have been completely fine, as it was consideration for past IP. The work had already been paid for (salary, benefits, etc).
- frognumber 2y agoYou're confusing domains of law. * Contract law does not require arm's length. A contract for $1 is okay. * Tax law may require arms length. * I've never heard of arm's length in employment law, but there are laws which lead to what you describe (e.g. mandatory overtime pay, minimum wage, etc.). In some jurisdictions, there are limitations on how much an employer can change the terms of employment. If you hire me for $100k, and after I quit my old job a week into the new one, you give a pay cut to $80k and otherwise change the terms of the deal, that might not be okay.