Alaska Entire Agreement and No Waiver

State:
Multi-State
Control #:
US-OL18013
Format:
Word; 
PDF
Instant download

Description

This office lease contains the entire agreement between the parties and all prior negotiations and agreements are merged in this lease. The owner has not made any warranties with respect to the demised premises, the building, the real property or this lease except as expressly set forth in this lease and no rights, easements or licenses are or shall be acquired by the tenant by implication or otherwise unless expressly set forth in this lease.

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FAQ

Formation of a contract under Alaska law requires four elements: an offer that includes all essential terms, an unequivocal acceptance, consideration, and mutual intent to be bound. Thomas v. Archer, 384 P. 3d 791, 797 (Alaska 2016).

The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.

Alaska doesn't prohibit non-compete agreements in contracts However, if your former employer takes issue with your business or career decisions, they will have to bring a lawsuit against you and take you to court to enforce the contract. Not all non-compete agreements will hold up in court.

471. - Alaska Unfair Trade Practices and Consumer Protection Act. Unfair methods of competition and unfair or deceptive acts or practices in the conduct of trade or commerce are declared to be unlawful.

The elements of a claim for breach of contract are the existence of a contract, breach, and damages.

All agreements should be in writing, no matter how minor they seem, to ensure that each party understands what they are agreeing to, and to document that the agreement has indeed been made. Under State Law AS 45.02. 201 governing commercial transactions, the sale of goods valued at more than $500 must be in writing.

To be legally enforceable, an agreement must contain all of the following criteria: An offer and acceptance; Certainty of terms; Consideration; An intention to create legal relations; Capacity of the parties; and, Legality of purpose.

Contract actions to be brought in three years. Unless the action is commenced within three years, a person may not bring an action upon a contract or liability, express or implied, except as provided in AS 09.10. 040, or as otherwise provided by law, or, except if the provisions of this section are waived by contract.

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Alaska Entire Agreement and No Waiver