contract-law non-disclosure non-profit
Does the fact that a company stated they were a non profit corporation in an NDA when they are not allow for the contract to be voided?
<p>In this particular NDA, the company lists its name and states &quot;a non-profit corporation&quot;. In reality, they left off the LLC from the company name, and the company has never been designated as a &quot;non-profit&quot;. Can this alone cause the NDA to be invalid as there is no non-profit corporation with that name? How would one go about fighting the validity of an NDA?</p>

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<p>Can this alone cause the NDA to be invalid as there is no non-profit corporation with that name?</p>
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<p>No. Contracts or agreements do not intrinsically depend on the veracity of a party's [non-]profit character. Instead, they primarily depend on the parties' common understanding or <a href="https://en.wikipedia.org/wiki/Meeting_of_the_minds" rel="nofollow noreferrer">meeting of the minds</a>.</p>
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<p>How would one go about fighting the validity of an NDA?</p>
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<p>Strictly speaking, it is about *voiding the NDA rather than challenging it as <em>invalid</em>. In terms of <a href="http://www.oneclubofjusticides.com/p/restatement-second-contracts.html" rel="nofollow noreferrer">Restatement (Second) of Contracts</a> at §153, you as counterparty would need to prove that the company's representation of being a non-profit entity constituted &quot;<em>a basic assumption on which [you] made the contract [and] has a material effect on the agreed exchanged of performances</em>&quot; (but see also Restatement at §154).</p>
