Void Agreements, Knocked-Out Terms, and Blue Pencils¶
Swift, K. R. (2007). Void Agreements, Knocked-Out Terms, and Blue Pencils: Judicial and Legislative Handling of Unreasonable Terms in Noncompete Agreements.
Cited by¶
1 citation across 1 artifact.
Each citation links to the sentence it supports in the citing article.
Mechanisms¶
- Severability Clause and Review Rule
- If the worst case for an overreaching term is simply that it gets trimmed back to whatever is enforceable, a controller has every incentive to over-ask — the severability rule quietly underwrites the demand rather than deterring it.
This sourceSwift argues that severance or judicial rewriting can encourage employers to draft overbroad noncompete terms because courts may narrow or cure the excesses.
- If the worst case for an overreaching term is simply that it gets trimmed back to whatever is enforceable, a controller has every incentive to over-ask — the severability rule quietly underwrites the demand rather than deterring it.
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