Work

NDAs: Legally unenforceable or just unethical? A contract law perspective

Year: 2025

Type: article

Abstract: Evidence suggests that non-disclosure agreements (‘NDAs’) are widely used. Instead of their intended use of protecting trade secrets and commercially sensitive information, they were exposed during #MeToo as tools to hide sexual harassment and assault. Evidence suggests they remain pervasive and pernicious, and require more scrutiny. As contracts, how legally enforceable are they? The article will attempt to answer this question by applying some well-known contract principles to the real-life NDA between Zelda Perkins and Harvey Weinstein/Miramax, widely reported in the media. This analysis will cast some doubts around their enforceability and at the same time suggest a broader social role for contract law.

Source: Alternative Law Journal

DOI: 10.1177/1037969x251388311

Author: Renata Grossi

Institution: University of Technology Sydney

Language: English

Topic: Legal principles and applications

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: $3,650