A company want me to sign an NDA before I go to a job interview at their facilities I have been invited to a face-to-face interview at a company. Before going, I am "obliged" to sign an NDA. This is the private sector and an entertainment company. Why on Earth would I go into such a legal contract when I have no working relationship with a company? If they are uncertain about the information they divulge during a job interview, does not that tell unpleasant tales of their organizational and "hush hush" structure? I have never encountered this before and would like to hear your input.
Nobody forces you to go to the interview. Asking you to sign an NDA before entering their premises is totally legal and can be very reasonable. If you are hired to work on a new product, that competitors would love to hear about, an NDA for the interview would be expected. If you asked on workplace.stackexchange I’d recommend to apply elsewhere. Here I’ll say “totally legal”.
Does this mistake make the agreement invalid? No. Having worked at that company for six years already, it will be extremely easy for the company to prove that you clearly knew with which entity you were entering the contract. That is what matters in contract law. Thus, the discrepancy of name in te contract is inconsequential. This is similar to what I explained in this other answer. Are employment agreements for employees valid for share holders and officers of the company or should there have been a different one. In the U.S., there is no prohibition to that effect. What matters is that the parties' rights and obligations are stated and accepted with reasonable clarity.
Can you have valid Terms and Condictions when there is no entity mentioned? No, but the example you post is inapplicable because the terms clearly state in the beginning that the agreement is between &quot;you&quot; and &quot;Binance operators&quot;. The latter is defined shortly thereafter. Thus, it certainly identifies the entity. A contract does not need to exhaustively list all information such as parties' registration(s) or domicile. As long as a reasonable person is able to grasp who are the entities entering a contract, that contract is binding and enforceable. If it cannot be ascertained from the contract who the counterparty(-ies) is(are), then neither party can prove that he and other entity(-ies) knowingly and willfully agreed to an exchange of considerations or promises thereof. Accordingly, nobody would have standing to sue others for breach of contract.
What would the implications be if an employee were to refuse signing an amendment and insist on what was stated in the original signed contract, even if he/she knows it's a mistake? The contract is voidable unless the employer's subsequent conduct reinforces its legitimacy. The employee's attempt to take advantage of something he knew was a mistake contravenes the covenant of good faith and fair dealing on which contracts are premised. South African contract law is not an exception to this: The law of contract underpins private enterprise in South Africa and regulates it in the interest of fair dealing. The employer can resort to records of prior communications between the parties to prove that the stated compensation was intended as yearly, not monthly. Even if those records are not available in a judicial dispute, the employee would have a hard time persuading a court that the salary that was agreed upon is 12 times --or exceeds by a factor of 12-- the market rate for a job position of similar type.
That is a very broad clause, broader than the default US rule for copyright, for example. (I know the question asked about the UK, I just happen to know the US copyright rule.) It would seem on the face of it to include independent research on a subject totally unrelated to the person's employment, done off the company's premises and not during normal work hours, but while the person was an employee.. Indeed it would arguably include the copyright to a novel written off premises and during off hours. Use of "course of employment" (instead of "term") would improve the provision. so would "as a part of his or her employment" or "closely related to the subject of his or her employment". Another possible restriction would be "Using the Company's facilities and/or equipment, or during normal working hours". However, my experience is that an employer will have drafted whatever language it uses through its company lawyer, and will be quite unwilling to alter it in any way. A prospective employee will probably be faced with a take-it-or-leave-it choice unless that person is a nearly indispensable figure to the company. One could send the company a certified letter saying, "When i signed the contract agreeing to {company language} I did not intend to include any developments made off company premises, not using company equipment, and unrelated to the subject or scope of my employment. I retain full rights to any such developments." Such a letter would help establish that there was no meeting of the minds to assign such non-employment-related developments or IP to the Company. How much weight it would have if the rights to such developments were the subject of a court case I am not sure.
I would recommend talking to an adult person in HR. I'm quite sure they will notice that what your manager wants to do is more than dodgy, and doing something dodgy may be in the interest of your manager, but not in the interest of the company. The best thing is to go to HR, acting as if a mistake has been made, and point out to them what your start date was, and that the new contract has the incorrect starting date, and they need to fix this mistake or you can't sign the contract. If they insist you sign it, then you DON'T sign it. If they say you will be fired if you don't sign it, then you tell them that in that case you would get legal advice. BTW. You definitely don't sign this as it is. PS. This answer was posted on workplace.stackexchange, not law.stackexchange, so please don't complain if there is no legal content.
The requirement to make the code publicly available is binding on Olio, and on Olio's successor, Flex. Olio, by accepting the code under the GPL, had contracted with the original author of that code, one of the contract provisions being to make any modified code available publicly. If Olio fails to abide by that agreement, it is in violation of the license, and the original author could sue Olio for copyright infringement, or sue Flex as having bought the assets and liabilities. But the individual employees of Olio are not under any obligation to publish such modified code, as they were presumably not parties to the license deal -- Olio was. Therefore the NDA does not require them to violate any law or contract to which they might be parties. The NDA could probably not be used to prevent the employees from testifying if called in such a copyright suit. If the NDA did require an illegal action, it would be void. If it merely required a person to violate a civil agreement that could be settled for money, it might or might not be enforceable, depending on the exact provisions, its reasonableness under the exact circumstances, and the local law.
You say the permission was "public", therefore I am going to assume that it cannot be argued that there was no agreement. There are two possibilities: If Company B has given consideration for the promise then there is a binding contract and Company A may be able to end it but could not seek redress for when it was in place. If there is no contract then the principle of promissory estoppel should have essentially the same effect. An agreement, including an IP licence, does not have to be in writing nor does it have to have any particular form.