QUESTION

Is it a breach of contract if the disparagement is done before the existence of the contract?

Asked on Feb 18th, 2016 on Contracts - North Carolina
More details to this question:
You received a contract with a non-disparagement clause. Before you knew about the existence of the contract, you may or may not have told other people bad stuff about a company. Can the company act on that?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Disparaging a company before you have a contractual obligation not to do so is not a breach of contract, but it may, if not disclosed prior to contracting, be a basis for the company rescinding the contract for fraud in the inducement.  There may even be a provision in the contract in which you must represent that you have not disparaged the company which, if false, could also be a basis for rescinding the contract.  Also, depending on what you said or wrote, it could constitute slander or libel.
Answered on Feb 19th, 2016 at 10:47 AM

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