Restrictive Covenants

A covenant, in its most general sense and historical sense, is a solemn promise to engage in or refrain from a specified action. Under historical English common law a covenant was distinguished from an ordinary contract by the presence of a seal. Because the presence of a seal indicated an unusual solemnity in the promises made in a covenant, the common law would enforce a covenant even in the absence of consideration. In United States contract law, an implied covenant of good faith is presumed.A covenant is a type of contract in which the covenantor makes a promise to a covenantee to do (affirmative covenant) or not do some action (negative covenant).
Posts about Restrictive Covenants
  • Creating an Enforceable Noncompete Agreement

    …. It will depend in part on where the employer does business and to what degree. If, for example, the employer is a multinational corporation with offices around the world, there may be no way to limit the geographic area and still protect the employer’s interests. If instead the employer is a small company headquartered in Minneapolis and does all of its…

    Stephen Hoffman/ Hoffman Law Office, P.C.- 11 readers -