An obligation or written contract of several persons shall be joint and several, unless otherwise expressed.
Code 1852, § 1170; Code 1915, § 2628; Code 1935, § 3108; 6 Del. C. 1953, § 2701.;
§ 2702. Assignment of bonds, specialties and notes.
(a) All bonds, specialties, and notes in writing, payable to any person, or order, or assigns, may be assigned, or indorsed,
and the assignee, or indorsee, his or her executors, administrators, or assigns, may again assign, or indorse the same, as
often as desired. The assignees, or indorsees, or their executors, or administrators, may, in their own name, sue for and
recover the money due on the bonds, specialties, or notes. All assignments of bonds or specialties shall be under hand and
seal, and executed before at least one credible witness.
(b) Assignors, or indorsers, or their executors, or administrators may not release or discharge any sum due by the bonds,
specialties, or notes, after the date of the assignment, and no release, receipt, or discharge from him, her or them made
after the date of the assignment shall be good or available.
Code 1852, §§ 1168, 1169; 18 Del. Laws, c. 213; Code 1915, § 2627; Code 1935, § 3107; 6 Del. C. 1953, § 2702; 70 Del. Laws, c. 186, § 1.;
§ 2703. Construction with Chapter 1.
If any of the provisions of this subchapter are in conflict or inconsistent with any of the provisions of Chapter 1 of this
title, such provisions of Chapter 1 shall govern.
6 Del. C. 1953, § 2703.;
§ 2704. Exculpatory clauses in certain contracts void.
(a) A covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement (including
but not limited to a contract or agreement with the State, any county, municipality or political subdivision of the State,
or with any agency, commission, department, body or board of any of them, as well as any contract or agreement with a private
party or entity) relative to the construction, alteration, repair or maintenance in the State of a road, highway, driveway,
street, bridge or entrance or walkway of any type constructed thereon in the State, and building, structure, appurtenance
or appliance in the State, including without limiting the generality of the foregoing, the moving, demolition and excavating
connected therewith, purporting to indemnify or hold harmless the promisee or indemnitee or others, or their agents, servants
and employees, for damages arising from liability for bodily injury or death to persons or damage to property caused partially
or solely by, or resulting partially or solely from, or arising partially or solely out of the negligence of such promisee
or indemnitee or others than the promisor or indemnitor, or its subcontractors, agents, servants or employees, is against
public policy and is void and unenforceable, even where such covenant, promise, agreement or understanding is crystal clear
and unambiguous in obligating the promisor or indemnitor to indemnify or hold harmless the promisee or indemnitee from liability
resulting from such promisee's or indemnitee's own negligence. This section shall apply to all phases of the preconstruction,
construction, repairs and maintenance described in this subsection, and nothing in this section shall be construed to limit
its application to preconstruction professionals such as designers, planners and architects; provided, however, that this
section shall not apply to any obligation owed to the Department of Transportation pursuant to a contract awarded under Title
17 or Chapter 69 of Title 29.
(b) Nothing in subsection (a) of this section shall be construed to void or render unenforceable policies of insurance issued
by duly authorized insurance companies and insuring against losses or damages from any causes whatsoever.
(c) Subsection (a) of this section does not apply to any covenant, promise, agreement, understanding, or other provision in
a partnership agreement of a partnership (whether general or limited), limited liability company agreement, trust agreement,
governing instrument of a trust, certificate of incorporation or bylaw.
6 Del. C. 1953, § 2704; 56 Del. Laws, c. 444; 57 Del. Laws, c. 706; 66 Del. Laws, c. 394, §§ 1-5; 74 Del. Laws, c. 105, §§ 1, 2.;
§ 2705. Age of majority; capacity to contract.
Any person who has attained 18 years of age shall have full capacity to contract; provided such person has not been declared
legally incompetent to contract for reasons other than age. Any person who has attained the age of 18 years shall become fully
responsible for that person's own contracts.
6 Del. C. 1953, § 2705; 57 Del. Laws, c. 74; 58 Del. Laws, c. 511, § 8; 70 Del. Laws, c. 186, § 1.;
§ 2706. Settlement and release of claims by persons of the age of 18 years or older.
Any person of the age of 18 years or older may settle and compromise any claim, demand, or action of any nature which that
person may have or which may be asserted against that person without the interference of a guardian, trustee, or the like,
and the release and acquittal of such person shall be valid and legally effective for all intents and purposes in law or in
equity and shall bind all heirs, executors and administrators.
6 Del. C. 1953, § 2706; 58 Del. Laws, c. 440, § 1; 70 Del. Laws, c. 186, § 1.;
§ 2707. Agreements not to compete.
Any covenant not to compete provision of an employment, partnership or corporate agreement between and/or among physicians
which restricts the right of a physician to practice medicine in a particular locale and/or for a defined period of time,
upon the termination of the principal agreement of which the said provision is a part, shall be void; except that all other
provisions of such an agreement shall be enforceable at law, including provisions which require the payment of damages in
an amount that is reasonably related to the injury suffered by reason of termination of the principal agreement. Provisions
which require the payment of damages upon termination of the principal agreement may include, but not be limited to, damages
related to competition.
64 Del. Laws, c. 175, § 1.;
§ 2708. Choice of law.
(a) The parties to any contract, agreement or other undertaking, contingent or otherwise, may agree in writing that the contract,
agreement or other undertaking shall be governed by or construed under the laws of this State, without regard to principles
of conflict of laws, or that the laws of this State shall govern, in whole or in part, any or all of their rights, remedies,
liabilities, powers and duties if the parties, either as provided by law or in the manner specified in such writing are, (i)
subject to the jurisdiction of the courts of, or arbitration in, Delaware and, (ii) may be served with legal process. The
foregoing shall conclusively be presumed to be a significant, material and reasonable relationship with this State and shall
be enforced whether or not there are other relationships with this State.
(b) Any person may maintain an action in a court of competent jurisdiction in this State where the action or proceeding arises
out of or relates to any contract, agreement or other undertaking for which a choice of Delaware law has been made in whole
or in part and which contains the provision permitted by subsection (a) of this section.
(c) This section shall not apply to any contract, agreement or other undertaking, (i) to the extent provided to the contrary
in § 1-301(c) of this title, or, (ii) involving less than $100,000.
(d) In the event that any provision hereof shall be held to be invalid or unenforceable, such holding shall not invalidate
or render unenforceable any other provision hereof. Any provision hereof which is held to be invalid or unenforceable only
in part or degree or under specific facts, shall remain in full force and effect to the extent, and with respect to facts
in connection with which, it has not been held to be invalid or unenforceable.
(e) This section shall not limit any jurisdiction otherwise existing in a court sitting in the State and shall not affect
the validity of any other choice of law provisions in any contract, agreement or other undertaking.
69 Del. Laws, c. 127, § 1; 75 Del. Laws, c. 66, § 5.;
An obligation or written contract of several persons shall be joint and several, unless otherwise expressed.
Code 1852, § 1170; Code 1915, § 2628; Code 1935, § 3108; 6 Del. C. 1953, § 2701.;
§ 2702. Assignment of bonds, specialties and notes.
(a) All bonds, specialties, and notes in writing, payable to any person, or order, or assigns, may be assigned, or indorsed,
and the assignee, or indorsee, his or her executors, administrators, or assigns, may again assign, or indorse the same, as
often as desired. The assignees, or indorsees, or their executors, or administrators, may, in their own name, sue for and
recover the money due on the bonds, specialties, or notes. All assignments of bonds or specialties shall be under hand and
seal, and executed before at least one credible witness.
(b) Assignors, or indorsers, or their executors, or administrators may not release or discharge any sum due by the bonds,
specialties, or notes, after the date of the assignment, and no release, receipt, or discharge from him, her or them made
after the date of the assignment shall be good or available.
Code 1852, §§ 1168, 1169; 18 Del. Laws, c. 213; Code 1915, § 2627; Code 1935, § 3107; 6 Del. C. 1953, § 2702; 70 Del. Laws, c. 186, § 1.;
§ 2703. Construction with Chapter 1.
If any of the provisions of this subchapter are in conflict or inconsistent with any of the provisions of Chapter 1 of this
title, such provisions of Chapter 1 shall govern.
6 Del. C. 1953, § 2703.;
§ 2704. Exculpatory clauses in certain contracts void.
(a) A covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement (including
but not limited to a contract or agreement with the State, any county, municipality or political subdivision of the State,
or with any agency, commission, department, body or board of any of them, as well as any contract or agreement with a private
party or entity) relative to the construction, alteration, repair or maintenance in the State of a road, highway, driveway,
street, bridge or entrance or walkway of any type constructed thereon in the State, and building, structure, appurtenance
or appliance in the State, including without limiting the generality of the foregoing, the moving, demolition and excavating
connected therewith, purporting to indemnify or hold harmless the promisee or indemnitee or others, or their agents, servants
and employees, for damages arising from liability for bodily injury or death to persons or damage to property caused partially
or solely by, or resulting partially or solely from, or arising partially or solely out of the negligence of such promisee
or indemnitee or others than the promisor or indemnitor, or its subcontractors, agents, servants or employees, is against
public policy and is void and unenforceable, even where such covenant, promise, agreement or understanding is crystal clear
and unambiguous in obligating the promisor or indemnitor to indemnify or hold harmless the promisee or indemnitee from liability
resulting from such promisee's or indemnitee's own negligence. This section shall apply to all phases of the preconstruction,
construction, repairs and maintenance described in this subsection, and nothing in this section shall be construed to limit
its application to preconstruction professionals such as designers, planners and architects; provided, however, that this
section shall not apply to any obligation owed to the Department of Transportation pursuant to a contract awarded under Title
17 or Chapter 69 of Title 29.
(b) Nothing in subsection (a) of this section shall be construed to void or render unenforceable policies of insurance issued
by duly authorized insurance companies and insuring against losses or damages from any causes whatsoever.
(c) Subsection (a) of this section does not apply to any covenant, promise, agreement, understanding, or other provision in
a partnership agreement of a partnership (whether general or limited), limited liability company agreement, trust agreement,
governing instrument of a trust, certificate of incorporation or bylaw.
6 Del. C. 1953, § 2704; 56 Del. Laws, c. 444; 57 Del. Laws, c. 706; 66 Del. Laws, c. 394, §§ 1-5; 74 Del. Laws, c. 105, §§ 1, 2.;
§ 2705. Age of majority; capacity to contract.
Any person who has attained 18 years of age shall have full capacity to contract; provided such person has not been declared
legally incompetent to contract for reasons other than age. Any person who has attained the age of 18 years shall become fully
responsible for that person's own contracts.
6 Del. C. 1953, § 2705; 57 Del. Laws, c. 74; 58 Del. Laws, c. 511, § 8; 70 Del. Laws, c. 186, § 1.;
§ 2706. Settlement and release of claims by persons of the age of 18 years or older.
Any person of the age of 18 years or older may settle and compromise any claim, demand, or action of any nature which that
person may have or which may be asserted against that person without the interference of a guardian, trustee, or the like,
and the release and acquittal of such person shall be valid and legally effective for all intents and purposes in law or in
equity and shall bind all heirs, executors and administrators.
6 Del. C. 1953, § 2706; 58 Del. Laws, c. 440, § 1; 70 Del. Laws, c. 186, § 1.;
§ 2707. Agreements not to compete.
Any covenant not to compete provision of an employment, partnership or corporate agreement between and/or among physicians
which restricts the right of a physician to practice medicine in a particular locale and/or for a defined period of time,
upon the termination of the principal agreement of which the said provision is a part, shall be void; except that all other
provisions of such an agreement shall be enforceable at law, including provisions which require the payment of damages in
an amount that is reasonably related to the injury suffered by reason of termination of the principal agreement. Provisions
which require the payment of damages upon termination of the principal agreement may include, but not be limited to, damages
related to competition.
64 Del. Laws, c. 175, § 1.;
§ 2708. Choice of law.
(a) The parties to any contract, agreement or other undertaking, contingent or otherwise, may agree in writing that the contract,
agreement or other undertaking shall be governed by or construed under the laws of this State, without regard to principles
of conflict of laws, or that the laws of this State shall govern, in whole or in part, any or all of their rights, remedies,
liabilities, powers and duties if the parties, either as provided by law or in the manner specified in such writing are, (i)
subject to the jurisdiction of the courts of, or arbitration in, Delaware and, (ii) may be served with legal process. The
foregoing shall conclusively be presumed to be a significant, material and reasonable relationship with this State and shall
be enforced whether or not there are other relationships with this State.
(b) Any person may maintain an action in a court of competent jurisdiction in this State where the action or proceeding arises
out of or relates to any contract, agreement or other undertaking for which a choice of Delaware law has been made in whole
or in part and which contains the provision permitted by subsection (a) of this section.
(c) This section shall not apply to any contract, agreement or other undertaking, (i) to the extent provided to the contrary
in § 1-301(c) of this title, or, (ii) involving less than $100,000.
(d) In the event that any provision hereof shall be held to be invalid or unenforceable, such holding shall not invalidate
or render unenforceable any other provision hereof. Any provision hereof which is held to be invalid or unenforceable only
in part or degree or under specific facts, shall remain in full force and effect to the extent, and with respect to facts
in connection with which, it has not been held to be invalid or unenforceable.
(e) This section shall not limit any jurisdiction otherwise existing in a court sitting in the State and shall not affect
the validity of any other choice of law provisions in any contract, agreement or other undertaking.
69 Del. Laws, c. 127, § 1; 75 Del. Laws, c. 66, § 5.;
An obligation or written contract of several persons shall be joint and several, unless otherwise expressed.
Code 1852, § 1170; Code 1915, § 2628; Code 1935, § 3108; 6 Del. C. 1953, § 2701.;
§ 2702. Assignment of bonds, specialties and notes.
(a) All bonds, specialties, and notes in writing, payable to any person, or order, or assigns, may be assigned, or indorsed,
and the assignee, or indorsee, his or her executors, administrators, or assigns, may again assign, or indorse the same, as
often as desired. The assignees, or indorsees, or their executors, or administrators, may, in their own name, sue for and
recover the money due on the bonds, specialties, or notes. All assignments of bonds or specialties shall be under hand and
seal, and executed before at least one credible witness.
(b) Assignors, or indorsers, or their executors, or administrators may not release or discharge any sum due by the bonds,
specialties, or notes, after the date of the assignment, and no release, receipt, or discharge from him, her or them made
after the date of the assignment shall be good or available.
Code 1852, §§ 1168, 1169; 18 Del. Laws, c. 213; Code 1915, § 2627; Code 1935, § 3107; 6 Del. C. 1953, § 2702; 70 Del. Laws, c. 186, § 1.;
§ 2703. Construction with Chapter 1.
If any of the provisions of this subchapter are in conflict or inconsistent with any of the provisions of Chapter 1 of this
title, such provisions of Chapter 1 shall govern.
6 Del. C. 1953, § 2703.;
§ 2704. Exculpatory clauses in certain contracts void.
(a) A covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement (including
but not limited to a contract or agreement with the State, any county, municipality or political subdivision of the State,
or with any agency, commission, department, body or board of any of them, as well as any contract or agreement with a private
party or entity) relative to the construction, alteration, repair or maintenance in the State of a road, highway, driveway,
street, bridge or entrance or walkway of any type constructed thereon in the State, and building, structure, appurtenance
or appliance in the State, including without limiting the generality of the foregoing, the moving, demolition and excavating
connected therewith, purporting to indemnify or hold harmless the promisee or indemnitee or others, or their agents, servants
and employees, for damages arising from liability for bodily injury or death to persons or damage to property caused partially
or solely by, or resulting partially or solely from, or arising partially or solely out of the negligence of such promisee
or indemnitee or others than the promisor or indemnitor, or its subcontractors, agents, servants or employees, is against
public policy and is void and unenforceable, even where such covenant, promise, agreement or understanding is crystal clear
and unambiguous in obligating the promisor or indemnitor to indemnify or hold harmless the promisee or indemnitee from liability
resulting from such promisee's or indemnitee's own negligence. This section shall apply to all phases of the preconstruction,
construction, repairs and maintenance described in this subsection, and nothing in this section shall be construed to limit
its application to preconstruction professionals such as designers, planners and architects; provided, however, that this
section shall not apply to any obligation owed to the Department of Transportation pursuant to a contract awarded under Title
17 or Chapter 69 of Title 29.
(b) Nothing in subsection (a) of this section shall be construed to void or render unenforceable policies of insurance issued
by duly authorized insurance companies and insuring against losses or damages from any causes whatsoever.
(c) Subsection (a) of this section does not apply to any covenant, promise, agreement, understanding, or other provision in
a partnership agreement of a partnership (whether general or limited), limited liability company agreement, trust agreement,
governing instrument of a trust, certificate of incorporation or bylaw.
6 Del. C. 1953, § 2704; 56 Del. Laws, c. 444; 57 Del. Laws, c. 706; 66 Del. Laws, c. 394, §§ 1-5; 74 Del. Laws, c. 105, §§ 1, 2.;
§ 2705. Age of majority; capacity to contract.
Any person who has attained 18 years of age shall have full capacity to contract; provided such person has not been declared
legally incompetent to contract for reasons other than age. Any person who has attained the age of 18 years shall become fully
responsible for that person's own contracts.
6 Del. C. 1953, § 2705; 57 Del. Laws, c. 74; 58 Del. Laws, c. 511, § 8; 70 Del. Laws, c. 186, § 1.;
§ 2706. Settlement and release of claims by persons of the age of 18 years or older.
Any person of the age of 18 years or older may settle and compromise any claim, demand, or action of any nature which that
person may have or which may be asserted against that person without the interference of a guardian, trustee, or the like,
and the release and acquittal of such person shall be valid and legally effective for all intents and purposes in law or in
equity and shall bind all heirs, executors and administrators.
6 Del. C. 1953, § 2706; 58 Del. Laws, c. 440, § 1; 70 Del. Laws, c. 186, § 1.;
§ 2707. Agreements not to compete.
Any covenant not to compete provision of an employment, partnership or corporate agreement between and/or among physicians
which restricts the right of a physician to practice medicine in a particular locale and/or for a defined period of time,
upon the termination of the principal agreement of which the said provision is a part, shall be void; except that all other
provisions of such an agreement shall be enforceable at law, including provisions which require the payment of damages in
an amount that is reasonably related to the injury suffered by reason of termination of the principal agreement. Provisions
which require the payment of damages upon termination of the principal agreement may include, but not be limited to, damages
related to competition.
64 Del. Laws, c. 175, § 1.;
§ 2708. Choice of law.
(a) The parties to any contract, agreement or other undertaking, contingent or otherwise, may agree in writing that the contract,
agreement or other undertaking shall be governed by or construed under the laws of this State, without regard to principles
of conflict of laws, or that the laws of this State shall govern, in whole or in part, any or all of their rights, remedies,
liabilities, powers and duties if the parties, either as provided by law or in the manner specified in such writing are, (i)
subject to the jurisdiction of the courts of, or arbitration in, Delaware and, (ii) may be served with legal process. The
foregoing shall conclusively be presumed to be a significant, material and reasonable relationship with this State and shall
be enforced whether or not there are other relationships with this State.
(b) Any person may maintain an action in a court of competent jurisdiction in this State where the action or proceeding arises
out of or relates to any contract, agreement or other undertaking for which a choice of Delaware law has been made in whole
or in part and which contains the provision permitted by subsection (a) of this section.
(c) This section shall not apply to any contract, agreement or other undertaking, (i) to the extent provided to the contrary
in § 1-301(c) of this title, or, (ii) involving less than $100,000.
(d) In the event that any provision hereof shall be held to be invalid or unenforceable, such holding shall not invalidate
or render unenforceable any other provision hereof. Any provision hereof which is held to be invalid or unenforceable only
in part or degree or under specific facts, shall remain in full force and effect to the extent, and with respect to facts
in connection with which, it has not been held to be invalid or unenforceable.
(e) This section shall not limit any jurisdiction otherwise existing in a court sitting in the State and shall not affect
the validity of any other choice of law provisions in any contract, agreement or other undertaking.
69 Del. Laws, c. 127, § 1; 75 Del. Laws, c. 66, § 5.;