Q: I signed an NDA, it states that actions are defined under the laws of Delaware. I dont live in Delaware Does this matter
Hi, i recently signed a "MUTUAL NON-DISCLOSURE AGREEMENT" for a small business and the person who sent it to me is threatening to sue for doing something I didn't do while he has no evidence of me doing it. In the NDA it says "This Agreement and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of Delaware, without giving effect to any conflicts of laws principles that require the application of the law of a different state." but both myself and the other person involved in the situation live in California, does this NDA still effect me?
A: Yes it affects you. If there is a lawsuit filed in connection with this NDA it would be litigated under Delaware law, even if the lawsuit is filed in California.
Bruce Alexander Minnick agrees with this answer
A: Of course it does. Why? Because you AGREED to be bound by all the terms of the NDA when you signed it. The principle of law involved is called "comity" which exists to make sure people cannot get out of binding contracts as easy as you would like to.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
