Month: December 2020

Non-Compete Agreements: Covenant without a Geographic Limitation

Is a non-compete covenant without any reference to a geographic limitation enforceable under Georgia law? Probably not. To understand why, we must first turn to Georgia statutory law. O.C.G.A. § 13-8-53(a) only enforces non-compete covenants that are “reasonable in time, geographic area, and scope of prohibited activities.” O.C.G.A. § 13-8-53(c)(2) states that a geographic area …

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Non-Refundable Deposits and Late Fees: Unenforceable Contract Penalty?

Are non-refundable deposits and late fees enforceable under Georgia contract law? The answer depends on whether they are liquidated damages or a penalty. Liquidated damages are enforceable. Penalties are not. What are liquidated damages? Liquidated damages are damages resulting from a breach of contract which are specified as a stipulated sum. Georgia courts err on …

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