Employment / Labour Law

Shaping Contracts for Work: The Normative Influence of Terms Implied by Law

By Gabrielle Elisabeth Golding
Oxford University Press December 2023

Specifications

ISBN-13
9780192867827
Publisher
Oxford University Press
Publication
December 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Shaping Contracts for Work provides an in-depth examination of the common law's role in shaping contracts for work, through the mechanism of implied terms. It constructs a theory which views the nature of the employment contract as distinct from other types of work contract. 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.

In part one, Golding provides an overarching survey of the law which governs express and implied terms in contracts. In doing so, she considers the broader judicial role in implying terms and assesses how it can fundamentally alter the nature of the relationship between contracting parties. The second part draws comparisons between England and Australia, tracing the origins and status of select terms across both jurisdictions, and exploring how the application of these terms is often presumed. Golding also examines the duties of mutual trust, confidence, and good faith in both jurisdictions, investigating their potential application in employment contracts. In part three, Golding demonstrates why courts need to better articulate their understanding of what constitutes an 'employment contract' as a distinctive class of contract.

By focussing on the impact of terms, this work adds a unique dimension to the debate concerning the regulation of waged work in the context of ever-increasing non-standard modes of work.

Table of Contents

Introduction: Shaping the Normative Core of Contracts for Work
PART I: TERMS IMPLIED BY LAW INTO CONTRACTS GENERALLY
1:A Legal Overview
2:The Significance of Implying a Term by Law
PART II: TERMS IMPLIED BY LAW INTO CONTRACTS FOR WORK
3:Origins and Current Status
4:Mutual Trust and Confidence and Good Faith
PART III: TERMS IMPLIED BY LAW INTO EMPLOYMENT CONTRACTS
5:Employment as a Class of Contract
6:Necessity
7:The Judicial Role
Conclusion: Reshaping Contracts for Work
HKD 1,197.95 −3%
HKD 1,235.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 2-10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Employment / Labour Law

View all