Originally Posted by
JetpackJesus
This isn't my practice area or jurisdiction, but based on the statute, it looks like Zion will easily win if they weren't registered agents per the NC statute. The contract is automatically void in that situation. Even if they were registered, the signature page definitely lacks the disclaimer language required by the statute, so Zion has the right to void the contract, which he has exercised. The only wrinkle, I suppose, would be a choice of law provision that says the laws of another jurisdiction govern the contract, but I'm not sure that would be legal in this type of contract.
If anyone is curious, here are the relevant bits of the two statutory provisions that Zion relies on in the complaint:
Well, why does NC law apply? Is there an argument that Zion is a South Carolinian? Or the company is a Florida (or Delaware) entity?
Sage Grouse
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'When I got on the bus for my first road game at Duke, I saw that every player was carrying textbooks or laptops. I coached in the SEC for 25 years, and I had never seen that before, not even once.' - David Cutcliffe to Duke alumni in Washington, DC, June 2013