Essay on Contract of employment Contract of employment To what extent does the law impose on both parties to the contract of employment an implied duty of trust and confidence? What impact does this implied term have in the areas of constructive, wrongful and unfair dismissal? The employment relationship constitutes an intimate and important contract between employer and employee.
According to Section 10, all agreements are contracts if they are made by the free consent of the parties, competent to contract, for a lawful consideration, with a lawful object, are not expressly declared by the Act to be void, and, where necessary, satisfy the requirements of any law as to writing or attestation or registration.
As the details of these essentials form the subject-matter of our subsequent chapters, we propose to discuss them in brief here. The essential elements of a valid contract may be summed up as follows: Intention to create legal relations: There must be an intention among the parties that the agreement should be attached by legal consequences and create legal obligations.
Agreements of a social or domestic nature do not contemplate legal relations, and as such they do not give rise to a contract. Agreements between husband and wife also lack the intention to create legal relationship and thus do not result in contracts.
N sang the song but M did not bring the saree for her. N cannot bring an action in a Court to enforce the agreement as it lacked the intention to create legal relations. He and his wife were enjoying leave in England. When the defendant was due to return to Ceylon, his wife could not accompany him because of her health.
She sued for breach of this agreement. Her action was dismissed on the ground that no legal relations had been contemplated and therefore there as no contract. Balfour vs Balfour 3. Consideration has been defined as the price paid by one party for the promise of the other. An agreement is legally enforceable only when each of the parties to it gives something and gets something.
Subject to certain exceptions, gratuitous promises are not enforceable at law. It may be past, present or future. The parties to an agreement must be competent to contract; otherwise it cannot be enforced by a court of law.
In order to be competent to contract the parties must be of the age of majority and of sound mind and must not be disqualified from contracting by any law to which they are subject Sec. If any of the parties to the agreement suffers from minority, lunacy, idiocy, drunkenness, etc. Free consent of all the parties to an agreement is another essential element of a valid contract.
If the agreement is vitiated by any of the first four factors, the contract would be voidable and cannot be enforced by the party guilty of coercion, undue influence etc. The other party i.
If the agreement is induced by mutual mistake which is material to the agreement, it would be void Sec. For the formation of a valid contract it is also necessary that the parties to an agreement must agree for a lawful object.
The object for which the agreement has been entered into must not be fraudulent or illegal or immoral or opposed to public policy or must not imply injury to the person or property of another Sec. If the object is unlawful for one or the other of the reasons mentioned above the agreement is void.Question: The measure of success of any law of the termination of employment is the extent to which re-employment is attained where appropriate.
By this measure, the law of both wrongful dismissal and unfair dismissal must be judged a failure. Buy Cheap Changing Employment Relationships Essay According to the author, a psychological contract refers to the manner in which an employee relates with his organization, promises made by the organization to the employee and his obligations to the same organization.
Jan 13, · The U.S. Supreme Court on Friday agreed to decide whether employers can enforce workplace arbitration agreements that ban worker class actions.
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|Dr. R. Standler, constitutional and privacy law||Formation[ edit ] At common law, the elements of a contract are offer, acceptance, intention to create legal relations, and consideration.|
|Related Sectors||Companies often attempt to draw up contracts with employees, contractors, consumers or other associates with the purpose of limiting the company's liability.|
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Top 10 Breach of Contract Articles. The most famous "breach of contract" case is the "Pepsi Points Case." Pepsi launched a humorous commercial offering to redeem 7,, Pepsi points for an AV-8 Harrier II jump jet.