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

Grossi, R

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

Grossi, R

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Publisher:: SAGE PUBLICATIONS LTD
Publication Type:: Journal Article
Citation:: ALTERNATIVE LAW JOURNAL, 2025, 50, (4), pp. 284-290
Issue Date:: 2025-12

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Field	Value	Language
dc.contributor.author	Grossi, R https://orcid.org/0000-0002-2011-9848
dc.date.accessioned	2025-12-09T04:09:53Z
dc.date.available	2025-12-09T04:09:53Z
dc.date.issued	2025-12
dc.identifier.citation	ALTERNATIVE LAW JOURNAL, 2025, 50, (4), pp. 284-290
dc.identifier.issn	1037-969X
dc.identifier.issn	2398-9084
dc.identifier.uri	http://hdl.handle.net/10453/190893
dc.description.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.
dc.language	English
dc.publisher	SAGE PUBLICATIONS LTD
dc.relation.ispartof	ALTERNATIVE LAW JOURNAL
dc.relation.isbasedon	10.1177/1037969X251388311
dc.rights	info:eu-repo/semantics/openAccess
dc.subject	1606 Political Science, 1801 Law, 2201 Applied Ethics
dc.subject.classification	4804 Law in context
dc.subject.classification	4805 Legal systems
dc.subject.classification	4807 Public law
dc.title	NDAs: Legally unenforceable or just unethical? A contract law perspective
dc.type	Journal Article
utslib.citation.volume	50
utslib.for	1606 Political Science
utslib.for	1801 Law
utslib.for	2201 Applied Ethics
pubs.organisational-group	University of Technology Sydney
pubs.organisational-group	University of Technology Sydney/Faculty of Law
pubs.organisational-group	University of Technology Sydney/UTS Groups
pubs.organisational-group	University of Technology Sydney/UTS Groups/UTS Ageing Research Collaborative (UARC)
pubs.organisational-group	University of Technology Sydney/UTS Groups/Private Law and Beyond
utslib.copyright.status	open_access	*
dc.rights.license	This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0). To view a copy of this license, visit https://creativecommons.org/licenses/by-nc/4.0/
dc.date.updated	2025-12-09T04:09:51Z
pubs.issue	4
pubs.publication-status	Accepted
pubs.volume	50
utslib.citation.issue	4

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.

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http://hdl.handle.net/10453/190893