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Business Negotiations and Contracts: Difference between revisions
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* A '''[[w:non-disclosure agreement|non-disclosure agreement]]''' ('''NDA'''), also known as a '''confidentiality agreement''' ('''CA'''), '''confidential disclosure agreement''' ('''CDA'''), '''proprietary information agreement''' ('''PIA'''), or '''secrecy agreement''', is a [[w:law|legal]] [[w:contract|contract]] between at least two [[w:party (law)|parties]] that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to or by third parties. | * A '''[[w:non-disclosure agreement|non-disclosure agreement]]''' ('''NDA'''), also known as a '''confidentiality agreement''' ('''CA'''), '''confidential disclosure agreement''' ('''CDA'''), '''proprietary information agreement''' ('''PIA'''), or '''secrecy agreement''', is a [[w:law|legal]] [[w:contract|contract]] between at least two [[w:party (law)|parties]] that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to or by third parties. | ||
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== Week 49 == | == Week 49 == | ||
'''remedy''' == '''[[w:Financial compensation|compensation]]''' == '''[[w:damages|damages]]''' | |||
'''damage''' != '''[[w:damages|damages]]''' | |||
'''[[w:pecuniary|pecuniary]]''' ( money ) vs. non-monetary relief | |||
'''[[w:expectation damages|expectation damages]]''' are [[w:damages|damages]] recoverable from a [[w:breach of contract|breach]] of [[w:contract|contract]] by the non-breaching party. It originates from an injured party's interest in realizing the value of the expectancy that was created by the promise of the other party. ( Wikipedia ) | |||
The most common test of proximate cause under the American legal system is '''[[w:Proximate_cause#Foreseeability|foreseeability]]'''. It determines if the harm resulting from an action was reasonably able to be predicted. ( Wikipedia ) | |||
'''[[w:general damages|general damages]]''' | |||
to [[w:rescind|rescind]]: | |||
:In [[w:contract law|contract law]], '''rescission''' has been defined as the unmaking of a contract between parties. Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract (the ''[[w:status quo|status quo]] ante''). ( Wikipedia ) | |||
'''[[w:Status quo ante|Status quo ante]]''' is [[w:Latin|Latin]] for "the way things were before" and incorporates the term [[w:status quo|status quo]]. ( Wikipedia ) | |||
The law of '''[[w:restitution|restitution]]''' is the law of gains-based recovery. It is to be contrasted with the [[w:damages|law of compensation|]], which is the law of loss-based recovery. ( Wikipedia ) | |||
In [[w:criminal law|criminal law]], '''[[w:fraud|fraud]]''' is [[w:Intent (law)|intentional|]] [[w:deception|deception]] made for personal gain or to damage another individual; the related adjective is '''fraudulent''', and verb is '''defraud''' ( Wikipedia ) | |||