Legal Opinion · Dissent

International Business Machines Corp. v. Gary Joseph Khoury

Supreme Court of New Hampshire

Decided December 21, 2017No. 2016-0258Published

1DissentLynn, J.

Given that the language of the IPL specifically states it "does not constitute an express or implied contract or a promise by IBM to make any distributions under it," I think the question of whether the IPL constitutes a binding contract is a close call. See Panto v. Moore Business Forms, Inc., 130 N.H. 730, 742, 547 A.2d 260 (1988) (stating that an employer who wishes to avoid liability for what might otherwise be viewed as benefit-conferring promises may do so "simply ... by announcing in the written policy itself that it was not an offer, or a policy enforceable as a contractual…

2Cases cited17 opinions

  1. Centronics Corp. v. Genicom Corp.Supreme Court of New Hampshire · 1989
  2. Trombly v. Blue Cross/Blue ShieldSupreme Court of New Hampshire · 1980
  3. Panto v. Moore Business Forms, Inc.Supreme Court of New Hampshire · 1988
  4. Hudson v. Farm Family Mutual InsuranceSupreme Court of New Hampshire · 1997
  5. Thiem v. ThomasSupreme Court of New Hampshire · 1979

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