The question arises because of reading that a famous music artist had hushed up instances of sex with a minor through the use of non-disclosure agreements. Making these enforceable in a civil setting would seem contrary to the public interest in having sanctions fall solely on the adult in such an instance.

I suppose a further question would arise whether non-disclosure agreements regarding any illegal acts would be enforceable, but I imagine the such agreements might sometimes be evidence of violating laws regarding conspiracy to obstruct justice. (I'm not a lawyer, so accept any mangling of proper terminology.)

So I guess the overarching question is what sort of statutory or common law restrictions exist on the enforceablity of non-disclosure agreements? I do understand that practically the mechanism may be more "effective", even in the absence of enforceability, due to unwillingness of victims or witnesses to provide evidence.

  • 1
    see also When can an NDA be legally broken? – David Siegel Feb 24 '19 at 23:32
  • I agree that the two possible duplicates address most of my concerns. I like the mechanism for agreement (which seems different that the mechanisms available on StackOverflow, which is the SE forum with which I am most familiar.) I did do a search but apparently my legal vocabulary was not sufficiently broad. – 42- Feb 25 '19 at 1:07
  • I found some relevant caselaw, but all cases were cted in at least one of the two duplicates so I did not write a repetitive answer. – David Siegel Feb 25 '19 at 1:15

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