Ling SM <ipal11 <at> singnet.com.sg> writes:
> >>I signed an NDA and did some work for a client. The client has
> >>backed out of the project, and I feel I'd like to have a go at
> It is very difficult to "repudiate" an agreement/contract.  The legal 

I think that in this context, and in the light of what I wrote before, it is best
if the NDA is a part of the contract, and not separate. Then, invalidation of the
contract should also release the NDA. This obviously works for NDAs whose object
is the object of the contract, and not for previous IP/art.

Then there is a question that arises: The NDA 'trap'. Assume firm A knows that
consultant B works on a project, from published information, and wishes to
stifle this, to preclude competition with its own project in the same domain.
Then, A interests B in consulting work, gets B to sign a NDA that covers some of
the subject, works with B for a while, then steps out of the contract for some
reason or other. Now B has signed a NDA that prevents him from using his own
work in the project separately and A has all the time in the world to develop
the project as it wishes. So signing a NDA in general is like buying a cat in a
bag. One has to sign first to get the info. And then it's too late.

Peter P.


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