That's a fairly odd understanding of contract negotiations
by ndtnguy (2024-04-24 11:59:29)
Edited on 2024-04-24 12:03:42

In reply to: Repeating what was said elsewhere in the thread, pay less  posted by Grace91

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Owner buyouts in small businesses aren't usually adhesion contracts drafted by the buyer.

Edit: And it's wishful thinking to assume that structured payouts will generate the same protections as a restrictive covenant in every case. If the seller concludes he can undersell his old firm, it could certainly be economically rational for him to get back in the game and forgo the later installments. Whether he can do that consistently with tort law and the Lanham Act depends on the circumstances, but contracts allowed parties to avoid a lot of indeterminability and uncertainty on those questions.

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