Invalidating a contract
Another example is a contract involving something that, unbeknownst to the parties, has been destroyed. If the other party is aware of the misconception or should have been aware of the mistake, the contract may not be enforceable, even if the enlightened party did not cause the mistake.The law books call this a "unilateral mistake." Mistakes of law would not give rise to judicial interference with a contract.Everyone is presumed to know the law (but see cases like summarized in Chapter 6 of Duhaime's Contract Law).
I was asked to sign an NDA before learning details; I reviewed the NDA, rejected it, offered instead my word not to steal their stuff, and was accepted. But there may be a few people who have already signed it, and this worries me, because I wonder if the company can get in trouble later just for trying to contractually take away someone's rights.These cascading clauses are designed to protect the employer in situations where a court finds the original restraint to be unreasonable and unenforceable.The usual remedy for an unreasonable restraint clause is that a court will simply nullify it, or reduce it to a more reasonable time and geographical scope.Imagine you’re a user of your favorite website: Your Favorite (YFW to their fans). One way or another, you get into a dispute with the YFW folks.Maybe you think they’re not effectively guarding the privacy of your personal information.
So maybe it’s worth taking another look (following my September 2014 blog post, When Are Online Arbitration Agreements Enforceable?