The future of the employment contract Douglas Brodie

Format:

Book

Author/Creator:

Brodie, Douglas

Contributor:

Edward Elgar Publishing, publisher.

Language:

English

Subjects (All):

Labor contract.

Physical Description:

1 online resource (256 pages)

Edition:

1st ed.

Place of Publication:

Northampton Edward Elgar Publishing 2021

Summary:

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. The author concludes that these key attributes of the contract, including the imbalance of power between employee and employer, are likely to remain the key driver for change.

Contents:

1. The judges and the values of the employment contract

2. Re-categorisation as a fiduciary

3. Questions of inclusion

4. Risk allocation and psychiatric harm

5. Risk allocation and financial harm

6. Judical creativity and doctrinal limitations

7. Preserving the relationship

8. Contractual damages

9. The contribution from contract and commerce

10. Unconscionable employment

11. Good faith as a core principle

12. The relationship between the common law and statute

13. Conclusions.

Notes:

Includes bibliographical references and index.

Description based on print record.

Description based on publisher supplied metadata and other sources.

ISBN:

1-78347-968-X

OCLC:

1260698798