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It is possible to find non-compete loopholes in certain circumstances in order to void a non-compete contract. For instance, if you can prove that you never signed the contract, or if you can demonstrate that the contract is against the public interest, you may be able to void the agreement.
QUIET TITLE ACTION MAINTENANCE AGAINST MORTGAGE BARRED BY STATUTE OF LIMITATIONS. QUIET TITLE ACTION MAINTENANCE AGAINST JUDGMENT BARRED BY STATUTE OF LIMITATIONS. QUIET TITLE ACTION DECREE. OCCUPANT OF REAL ESTATE STAY OF EXECUTION FOR POSSESSION WHEN AUTHORIZED.
Idaho law states that if a non-compete is unreasonable in any respect, a court must modify the agreement to reflect the intent of the parties and render the agreement reasonable and enforceable.
Assuming an employee meets the definition of a key employee, an Idaho court will enforce a non-compete obligation as long as it is reasonable in terms of duration, geographic scope, and scope of restricted activities.
Interestingly, although a non-compete cannot prohibit direct competition for longer than eighteen months after the employment ends, if the non-compete's prohibitions last for only eighteen months or less, the non-compete is presumed under Idaho law to be reasonable and enforceable.
According to the California Business and Professions Code Section 16600, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void. In other words, non-compete agreements are not enforceable in California.
Perhaps the most important tip that we can give you is that your contract should be in writing. In Idaho, as well as in every other state, a contract can be either in writing or oral. In other words, a contract does NOT have to be in writing to be enforceable.
A verbal agreement is invalid if the parties to it misunderstood a material term or terms of the contract. To have a valid contract, the parties must have a meeting of the minds, meaning they both understood what they were agreeing to.
Verbal agreements between two parties are just as enforceable as a written agreement, so long as they do not violate the Statute of Frauds. Like written contracts, oral ones just need to meet the requirements of a valid contract to be enforced in court.
If the CC&Rs do not state any time or method of expiration, then State law may provide a maximum length of time CC&Rs can last. If there is no such State law, then the CC&Rs likely cannot legally expire unless owners vote to terminate them.