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The Future of the Employment Contract

The Future of the Employment Contract

Author: Douglas Brodie
Publisher: Edward Elgar Publishing
ISBN: 9781783479672
Published In: July 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: AU$270.40

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Description
Contents

Details

This analytical book examines how the common law of the employment contract is likely to evolve. Tracing the radical evolution of this area over the last 40 years, it explores how many of the changes in common law have been triggered by the judicial ‘discovery’ of the key attributes of the relationship.

Douglas Brodie assesses how employment contract law is likely to develop, paying particular attention to wider developments of the law of obligations such as the recognition of the importance of fair dealing and the significance of relational contracts. Investigating the importance of how courts now regard the employment contract as governing personal relations, the author concludes that key attributes of the contract, including the imbalance of power between employee and employer, are likely to remain the key driver for change.

The Future of the Employment Contract will be an essential read for students and scholars of employment law and the law of obligations. It will also be of benefit to legal practitioners as they look to frame innovative legal arguments.

Preface

Introduction

PART I. JUDICIAL VALUES

1. The judges and the values of the employment contract

PART II. CATEGORISATION

2. Re-categorisation as a fiduciary

PART III. THE POTENTIAL IMPACT OF ENTERPRISE LIABILITY

3. Questions of inclusion

4. Risk allocation and psychiatric harm

5. Risk allocation and financial harm

PART IV. THE IMPACT OF RELATIONAL CONTRACT SCHOLARSHIP

6. Judicial creativity and doctrinal limitations