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1. paulto+Li[view] [source] 2017-12-09 19:17:43
>>pavel_+(OP)
Law professor here again.

For those who are interested in the legal and policy aspects of this, I highly recommend a book called Boilerplate by Margaret Radin. This is just one of many examples of comically abusive and bizarre contract terms that companies impose by imaginary consent.

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2. scarla+lo[view] [source] 2017-12-09 20:16:11
>>paulto+Li
How are clauses like this even legal? One could argue they limit people's personal freedom and is essentially an anti-competition clause without an upside. Legitimate question, as I am finding it hard that a court would allow this.
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3. paulto+sx[view] [source] 2017-12-09 21:58:24
>>scarla+lo
I haven't looked into the enforceability of this kind of contract in particular. That being said, there are arguments in the abstract that I'd apply---essentially, the argument that this kind of contract is against public policy because of those kinds of anti-competitive effects.

Without doing the research, it wouldn't surprise me if the extent to which these clauses were enforceable varied state-by-state. States tend to diverge a lot on these kinds of "unenforceable because against public policy" arguments.

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