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Labriola V. Pollard Group, Inc.
''Labriola v. Pollard Group, Inc.'', 152 Wash.2d 828 (2004), was a case decided by the Supreme Court of Washington that invalidated a modification of an employment contract for an at-will employee which would have added a non-competition agreement because the modification lacked independent consideration. Anthony A. Labriola worked as a salesperson for the Pollard Group, a commercial print shop in Tacoma, Washington. The case serves as an example of when courts will strictly invoke the pre-existing duty rule The pre-existing duty rule is an aspect of consideration within the law of contract. Originating in England the concept of consideration has been adopted by other jurisdictions, including the US. In essence, this rule declares that performance of a ... in the interests of justice, in this case to protect an at-will employee.Ayres, I., and Speidel, R.E. ''Studies in Contract Law, Seventh Edition.'' Foundation Press, New York, NY: 2008, p. 81 References {{reflist External lin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Citation
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Case
A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based on either civil or criminal law. In most legal cases there are one or more accusers and one or more defendants. In some instances, a legal case may occur between parties that are not in opposition, but require a legal ruling to formally establish some legal fact, such as a divorce. Civil case A civil case, more commonly known as a lawsuit or controversy, begins when a plaintiff files most a document called a complaint with a court, informing the court of the wrong that the plaintiff has allegedly suffered because of the defendant, and requesting a remedy. The remedy sought may be money, an injunction, which requires the defendant to perform or refrain from performing some action, or a declaratory judgment, which determines that the plaintiff has certain legal rights. The remedy will be prescribed by the c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Washington
The Washington Supreme Court is the highest court in the judiciary of the U.S. state of Washington. The court is composed of a chief justice and eight associate justices. Members of the court are elected to six-year terms. Justices must retire at the end of the calendar year in which they reach the age of 75, per the Washington State Constitution. The chief justice is chosen by secret ballot by the Justices to serve a 4-year term. The current chief justice is Steven C. González, who was elected by his peers on November 5, 2020. González was sworn in as Chief Justice on January 11, 2021, succeeding Debra L. Stephens. Prior to January 1997 (pursuant to a Constitutional amendment adopted in 1995), the post of chief justice was held for a 2-year term by a justice who (i) was one of the Justices with 2 years left in their term, (ii) was the most senior in years of service of that cohort, and (iii) (generally) had not previously served as chief justice. The last chief justice u ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
At-will Employee
In United States labor law, at-will employment is an employer's ability to dismiss an employee for any reason (that is, without having to establish " just cause" for termination), and without warning, as long as the reason is not illegal (e.g. firing because of the employee's gender, orientation, pregnancy, race, religion, or sexuality). When an employee is acknowledged as being hired "at will", courts deny the employee any claim for loss resulting from the dismissal. The rule is justified by its proponents on the basis that an employee may be similarly entitled to leave their job without reason or warning. The practice is seen as unjust by those who view the employment relationship as characterized by inequality of bargaining power. At-will employment gradually became the default rule under the common law of the employment contract in most U.S. states during the late 19th century, and was endorsed by the U.S. Supreme Court during the ''Lochner'' era, when members of the U.S. ju ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Non-compete Clause
In contract law, a non-compete clause (often NCC), restrictive covenant, or covenant not to compete (CNC), is a clause under which one party (usually an employee) agrees not to enter into or start a similar profession or trade in competition against another party (usually the employer). Some courts refer to these as "restrictive covenants". As a contract provision, a CNC is bound by traditional contract requirements including the consideration doctrine. The use of such clauses is premised on the possibility that upon their termination or resignation, an employee might begin working for a competitor or start a business, and gain competitive advantage by exploiting confidential information about their former employer's operations or trade secrets, or sensitive information such as customer/client lists, business practices, upcoming products, and marketing plans. However, an over-broad CNC may prevent an employee from working elsewhere at all. English common law originally held any su ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consideration
Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common law jurisdictions. The court in ''Currie v Misa'' declared consideration to be a “Right, Interest, Profit, Benefit, or Forbearance, Detriment, Loss, Responsibility”. Thus, consideration is a promise of something of value given by a promissor in exchange for something of value given by a promisee; and typically the thing of value is goods, money, or an act. Forbearance to act, such as an adult promising to refrain from smoking, is enforceable if one is thereby surrendering a legal right. Consideration may be thought of as the concept of value offered and accepted by people or organisations entering into contracts. Anything of value promised by one party to the other when making a contract can be treated as "consideration": for example, if A contracts to buy a car from B for $5,000, A's c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Printer (publishing)
In publishing, printers are both companies providing printing services and individuals who directly operate printing presses. Printers can include: *Newspaper printers, often owned by newspaper publishers *Magazine printers, usually independent of magazine publishers *Book printers, often not directly connected with book publishers *Postcard printers *Stationery printers *Packaging printers * Trade printers, who offer wholesale rates within the printing industry *Wide-format printer Wide format printers (large format printers) are generally accepted to be any computer-controlled printing machines (printers) that support a maximum print roll width of between {{Convert, 18 and 100, in. Printers with capacities over 100 in w ...s, who specialize in wide format prints, such as signs and banners * Printmakers, artists who create their artworks using printing References * Printing Printing terminology Publishing {{Industry-stub de:Drucker (Beruf) diq:Neşırxane ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tacoma, Washington
Tacoma ( ) is the county seat of Pierce County, Washington, United States. A port city, it is situated along Washington's Puget Sound, southwest of Seattle, northeast of the state capital, Olympia, Washington, Olympia, and northwest of Mount Rainier National Park. The city's population was 219,346 at the time of the 2020 United States census, 2020 census. Tacoma is the second-largest city in the Puget Sound area and the List of municipalities in Washington, third-largest in the state. Tacoma also serves as the center of business activity for the South Sound region, which has a population of about 1 million. Tacoma adopted its name after the nearby Mount Rainier, called wikt:Tacoma, təˡqʷuʔbəʔ in the Lushootseed, Puget Sound Salish dialect. It is locally known as the "City of Destiny" because the area was chosen to be the western terminus of the Northern Pacific Railroad in the late 19th century. The decision of the railroad was influenced by Tacoma's neighboring deep-wat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pre-existing Duty Rule
The pre-existing duty rule is an aspect of consideration within the law of contract. Originating in England the concept of consideration has been adopted by other jurisdictions, including the US. In essence, this rule declares that performance of a pre-existing duty does not amount to good consideration to support a valid contract; but there are exceptions to the rule. The Rule English law recognises bargains supported by consideration, not bare promises. However, only simple contracts need consideration to be enforceable; special contracts do not require consideration. ''Currie v Misa'' (1875) declares that consideration may comprise any of these positive and negative matters: * Right, Interest, Profit, Benefit * Forbearance, Detriment, Loss, or Responsibility" The basic rule The leading case is ''Stilk v Myrick'' (1809), where a captain promised 8 crew the wages of two deserters provided the remainders completed the voyage. The shipowner refused to honour the agreem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Contract Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Labor Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2004 In United States Case Law
4 (four) is a number, numeral and digit. It is the natural number following 3 and preceding 5. It is the smallest semiprime and composite number, and is considered unlucky in many East Asian cultures. In mathematics Four is the smallest composite number, its proper divisors being and . Four is the sum and product of two with itself: 2 + 2 = 4 = 2 x 2, the only number b such that a + a = b = a x a, which also makes four the smallest squared prime number p^. In Knuth's up-arrow notation, , and so forth, for any number of up arrows. By consequence, four is the only square one more than a prime number, specifically three. The sum of the first four prime numbers two + three + five + seven is the only sum of four consecutive prime numbers that yields an odd prime number, seventeen, which is the fourth super-prime. Four lies between the first proper pair of twin primes, three and five, which are the first two Fermat primes, like seventeen, which is the third. On the other h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
