Daniel Wilf-Townsend, Deterring Unenforceable Terms, 111 Va. L. Rev. __ (forthcoming 2025), available at SSRN (June 6, 2024). Maureen Carroll Most of us (if not all) have entered a contract with one or more terms that a court would not enforce. From non-compete agreements in states that prohibit them, to leases that purport to limit the implied warranty of habitability, to waivers that disclaim liability for injuries resulting from the drafting party’s negligence, contracts containing clea...
