What is blue pencil clause?
A blue pencil clause allows for a court to step in and revise overly broad language in contracts and provisions, making them more enforceable. Eliminate only those parts of the contract that are not really enforceable. This is typically known as the blue pencil doctrine or divisibility doctrine.
Is blue pencil favored by courts?
A Quick State-By-State Guide on the Blue Pencil Rule In Arkansas, Georgia, Nebraska, Virginia, and Wisconsin, courts will not reform the covenant. In California, Montana, and North Dakota, the blue pencil rule is not applicable.
What is a red pencil State?
Under what is referred to as the red pencil doctrine, a court will strike an entire restrictive covenant if any part of it is invalid. Under the blue pencil doctrine, a court will strike only those portions that render the restrictive covenant invalid, leaving the remaining provisions intact.
Is PA a blue pencil State?
Pennsylvania courts may “blue pencil” restrictive covenants by granting enforcement that is limited to those portions which are reasonably necessary for the protection of the employer. However, Pennsylvania case law favors non-enforcement of gratuitously overbroad restrictive covenants.
Why do artists use blue pencil?
Non-photo blue (or non-repro blue) is a common tool used in the graphic design and print industry. It is a particular shade of blue that can not be detected by Graphic Arts Cameras or copiers. This allows artists to lay down sketch lines without the need to erase after inking.
Who uses a blue pencil?
A blue pencil is a pencil traditionally used by a copy editor or sub-editor to show corrections to a written copy. The colour is used specifically because it will not show in some lithographic or photographic reproduction processes; these are known as non-photo blue pencils.
Is Maryland a blue pencil State?
Maryland follows the “blue pencil doctrine” where a noncompete agreement may be enforced even if a court finds that part of it is voidable. The unenforceable provision will be removed or revised as long as it can be easily severed and will not have to be rewritten or supplemented.
Does Missouri blue pencil Noncompetes?
Both Kansas and Missouri allow courts to modify the unreasonable parts of non-compete agreements. This is called the “blue-pencil” rule. In some cases, however, an agreement may be so unreasonable that the courts will deem the entire agreement unenforceable.
Why do people sketch with red or blue pencils?
“The red and blue pencil is for two reasons: one, sketching in colored pencil is less smudgy, and as a left-handed artist I find it easier to work with than graphite.
Is blue pencil erasable?
Prismacolor Premier Col-Erase Colored Pencils feature vivid, easily-erasable pigments and an eraser that allows for easy correction.
Who is ketch’s cousin?
We think the likely answer to this clue is YAWL….Ketch’s Cousin Crossword Clue.
Where can I find the blue pencil doctrine?
Look up blue-pencil in Wiktionary, the free dictionary. The blue pencil doctrine is a legal concept in common law countries, where a court finds that portions of a contract are void or unenforceable, but other portions of the contract are enforceable.
Can a blue pencil contract work in court?
In a blue-pencil state, attorneys have a much more arduous task in drafting agreements, and one-size-fits-all contracts truly won’t work in a legal dispute. 1. Court Will Not Reform or Blue-Pencil Covenant. 2. Court Only Will Blue-Pencil Covenant.
How does the blue pencil doctrine affect non-compete agreements?
The blue pencil doctrine gives courts the authority to either strike unreasonable clauses from a non-compete agreement, leaving the rest to be enforced, or actually modify the agreement to reflect the terms that the parties originally could have — and probably should have — agreed to.
Which is an example of the Blue Pencil Rule?
Blue-penciling a covenant permits a court only to sever or strike offending language from the contract. It is a mechanical exercise, with an overlay of judicial discretion. Take a simple example. Assume a non-compete clause reads like this: