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A promise is not legally binding, but a contract is. While people of honor and strong moral character strive to keep promises whenever possible, there are no legal repercussions for breaking one the way there are for breaching a contract.
A covenant not to compete, also called a "nompete agreement" or "non compete clause," is an agreement where one party promises not to compete with the other party in a specified area for a certain period of time. A covenant not to compete can be found in an employment contract or a sale of business contract.
Promise. 1) n. a firm agreement to perform an act, refrain from acting or make a payment or delivery. In contract law, if the parties exchange promises, each promise is "consideration" (a valuable item) for the other promise.
2d 805 (1957) (For an enforceable contract to exist there must be mutual assent to an exchange between competent parties, legal consideration, and sufficient certainty with respect to the subject matter and essential terms of the agreement.).
An agreement between private parties creating mutual obligations enforceable by law. 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.
assertion covenant (nonassert for short) is an agreement by a party not to seek to enforce patent or other intellectual property rights it may have against another party or parties.
An agreement not to sue, also called a covenant not to sue, in which the party seeking damages agrees not to sue the party that it has cause against. A covenant not to sue may indicate that the potential claimant will never sue or it may indicate that the claimant will postpone a lawsuit for a defined period of time.
In every valid contract, offer, acceptance and consideration are vital aspects.
A covenant not to sue legally obliges a party that could initiate a lawsuit not to do so. The covenant is made explicitly between two parties, and any third party that wants to make a claim is legally allowed to do so. Covenants not to sue are used to settle specific legal issues outside of the court system.