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

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

Author: Gabrielle Elisabeth Golding
Publisher: Oxford University Press
ISBN: 9780192867827
Published In: December 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

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