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Reply-To: "Kevin Aylward"
From: "Kevin Aylward"
References: <3D78DCBD.8040105@BOGUS.earthlink.net> <email@example.com> <3D79F56B.E095CBB1@webaccess.net> <3Mqe9.firstname.lastname@example.org> <3D7A61AB.7AD3A3F8@webaccess.net>
Subject: Re: Publishing engineering techniques?
X-Newsreader: Microsoft Outlook Express 6.00.2600.0000
Date: Sun, 8 Sep 2002 12:13:40 +0100
NNTP-Posting-Date: Sun, 08 Sep 2002 12:13:42 BST
"John Woodgate" wrote in message
> I read in sci.electronics.design that Chuck Simmons
> wrote (in <3D7A61AB.7AD3A3F8@webaccess.net>)
> about 'Publishing engineering techniques?', on Sat, 7 Sep 2002:
> >I have a bone to pick with NDA's in that in many cases the
> >has no value whatever. I am party to two NDA's in which my breach
> >produce absolutely no monetary loss to the other party nor give any
> >other party any gain. This was not true when I signed them but the
> >wording keeps them in effect even when there is no value (it is a
> >of competition in a space where products are free - very strange).
> >NDA's you speak of have time to market value or trade secret value
> >(trade secrets are more powerful and useful than patents but more
> >slippery in that patents tend to be used only as trading chips with
> >value attached while trade secrets secure real advantage).
> NDAs are very obviously 'agreements' and NOT contracts. The rules are
> different; an agreement does not need a consideration.
I checked up on this in my other Law book, and see what your on about.
The exception to consideration is when the agreement is by deed. To
quote Smith and Keenan's English Law 13th Edition ISBN 0-582-43816-0.
"A transaction by deed derives its legally binding quality from the
special way in which it is made rather than from the operations of the
law of contract, e.g. a deed is enforceable in the absence of valuable
consideration. In consequence, transactions by deeds are not true
contracts at all."
Unfortunately, at the moment an exact distinction between a deed and a
contract still seems a bit obtuse.
SuperSpice, a very affordable Mixed-Mode
Windows Simulator with Schematic Capture,
Waveform Display, FFT's and Filter Design.
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