The resort to the defence of equitable pleas of unconscionability, undue influence and duress are usually hallmarks of desperation. Each is a distinct but similar remedy. They are often pleaded as alternative remedies and generally regarded as the last defence. They are difficult submissions.

The most frequently used arguments of the above is unconscionability, as detailed here.

These are additional arguments intended to avoid harsh terms in the employment contract. These submissions may also be added to the arguments of the invalidity of the employment agreement, as reviewed here.

There is also the issue of the essence of the agreement being altered by a substantive increase in responsibilities, known as the substratum argument, which is examined here.

Arguments made based upon the theory of a negligent misrepresentation which led to the creation of the employment contract are discussed here.

The issue of the enforceability of a non-compete covenant requires a different test, as is examined here.