Hacker News new | ask | show | jobs
by smsm42 1049 days ago
The contract can not remove your legal rights, but can ask you to give them up in exchange for something. For example, I can not prohibit you from driving you own car, but if I rent it from you, and later you just take it back while my rental term still in effect, it would be a breach of contract, despite the car being legally yours. And if I learn that you never intended to let me drive the car, but still pretended to rent if out, then if would be fraud. Same, my employer can not prevent me from exercising my right you free speech, but some of it - eg disclosing trade secrets - may get me fired and sued for damages. Because by signing employment contract I agreed to give up exercise of some rights - like use if my time and some of my speech - in exchange for the salary. If I didn't I could speak of any secrets and they couldn't do a thing.

Contract is a meeting of minds honestly intending to perform. If you did not have the good faith intention to perform the contract, it's not just sneaky, it's fraudulent.