Should The Contract Be Allowed?

2494 Words10 Pages
Consideration is a contract where the terms are mutually traded among the two parties. The contract could be used to require a party to perform certain acts, or be used to refrain a party from committing certain acts. For example, I am driving a vehicle and a car drives up behind me and slams into my vehicle. The driver of the car understands that he is fully at fault, but does not have enough money to pay for the damages. Instead of filing a lawsuit against him, I decide to sign a contract that gives the driver of the vehicle who damaged my car 60 days to pay for the damage, and on top of that a fee for not being able to pay right away. In the contract it states that I will not file a lawsuit until the 60 days are over, but after the 60…show more content…
The employee benefits by having an opportunity to work for the company, and Carson Health Solutions is benefited by being assured that the people they hire don’t compete against the company. What about if you were instead a current employee already working for Carson Health Solutions at the time when you were asked to sign the covenant not to compete? Explain. If I am already employed by Carson Health Solutions and they ask me to sign the contact in order to continue working for the company, then the covenant not to compete is not supported by consideration. In this case I am not being benefited by anyway; therefor it is not a mutual agreement. If I was offered something of value in exchange (ex: rise in salary) for signing the contract then the covenant would have been supported by consideration. If I am already employed by Carson Health Solutions and sign the contract then only the company benefits by assuring that I will not compete with the company. What is an adhesion contract? An Adhesion Contract is a contract where all the bargaining power is controlled by one party. For example if I wanted to purchase a house to live in I would need to borrow money from the bank. I would have to fill out all the necessary paperwork and agree to all the banks terms in order for them to decide to give me a loan. In this case because I needed to have money in order to purchase a house I am
Open Document