4 ms·

I've always wondered about the opposite. That is can an NDA even be legally enforced?

• eru 2y ago
  Why wouldn't it? I was wondering the opposite: even if you don't explicitly sign some contracts, as long as you have seen them and behave as-if you are following the contract and the other party gives you their part of the bargaining, that might be legally (almost) equivalent to having signed the contract. (I'm not a lawyer, and this is speculation.) It seems the legal term of art for this in 'an implied contract'.
  • jpc0 2y ago
    Terminology I head in law classes over a decade ago is tacid contact and definitely was a legal contract although difficult to prove in court when I did study the little contract law I studied.
  • JKCalhoun 2y ago
    The NDA could say that by signing this I am to hand over my first born but it isn't enforceable. An obvious straw man example I admit but to make the point that signing a thing doesn't give a thing some kind of godly power.
    • eru 2y ago
      Yes, that's why our judges are human, and code is not law. If your NDA contains 'reasonable' clauses only, they will (most likely) bind.