If you breach a non-disclosure agreement (NDA) without knowing that it exists, can you be sued?
Yes, you absolutely can be sued.
First off, you should know whether you signed an NDA. Always keep copies of anything you sign and always read things before you sign them. The law and the courts don’t care if you didn’t read it or you didn’t know it was there. The courts are required to uphold the law. They do this by holding you to what you sign.
With that said, the complete answer to this question is complex and depends on the particular facts of the situation. The underlying principles of contract law dictate that a person can be held liable for breaching a contract if they had knowledge of the terms of the agreement. In this case, if the person had knowledge of the NDA, then they would be liable for breaching it regardless of their knowledge of its existence.
However, if the person had no knowledge of the NDA, then they may be able to successfully argue that they were not liable for the breach. Things can go sideways in court. The person would need to show that they had no knowledge of the agreement, and that they did not agree to the terms of the NDA. This might be a tall order, but it depends on the facts.
In order to avoid liability for breaching an NDA, it is important for people to be aware of the agreements they have entered into, as well as the terms of those agreements. It is also important for people to understand the consequences of breaching a NDA, as this could lead to costly legal action.
I hope this has been helpful. If you need a lawyer in Utah, this is the one I recommend:
Jeremy Eveland
17 North State Street
Lindon UT 84042
(801) 613-1472
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