Shaping contracts for work : the normative influence of terms implied by law /
This book comprises an in-depth examination of the common law's role in shaping contracts for work through the normative influence of terms implied by law. It aims to construct a theory of the nature of the employment contract, as distinct from other contracts for the performance of work, throu...
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| Format: | eBook |
| Language: | English |
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Oxford :
Oxford University Press,
2023.
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| Edition: | First edition. |
| Series: | Oxford labour law.
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| Subjects: | |
| Online Access: | Connect to the full text of this electronic book |
| Summary: | This book comprises an in-depth examination of the common law's role in shaping contracts for work through the normative influence of terms implied by law. It aims to construct a theory of the nature of the employment contract, as distinct from other contracts for the performance of work, through the lens of terms implied by law. Terms implied by law into employment contracts, as well as their potential to operate in other non-standard contracts for the performance of work, are critically examined by reference to the test that courts adopt when they are asked to imply such terms. The work's primary focus is on the English and Australian positions, yet its jurisprudential underpinnings will be of broader interest in other common law jurisdictions. Following an introduction to the general law on implied terms, this work traces the origins and current status of various key terms implied by law into employment contracts, and contracts for the performance of work. It investigates the idea of employment contracts as a class, which are distinct from other contracts for the performance of work and assesses the courts' haphazard approach to identifying when it is necessary for a term to be implied by law. The work also considers the broader judicial law-making role in implying such terms. Concluding suggestions are made with respect to how courts ought to rethink the rationale they adopt when implying terms by law into employment contracts, as distinct from other types of contracts for the performance of work. |
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| Physical Description: | 1 online resource (xxv, 230 pages) |
| Audience: | Specialized. |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: | 9780191959929 0191959928 9780192693747 0192693743 9780192693754 0192693751 |