Shaping contracts for work : the normative influence of terms implied by law / Gabrielle Golding.

Format:

Book

Author/Creator:

Golding, Gabrielle, author.

Series:

Oxford labour law.

Oxford scholarship online.

Oxford labour law

Oxford scholarship online

Language:

English

Subjects (All):

Labor contract.

Physical Description:

1 online resource (0 pages)

Edition:

First edition.

Place of Publication:

Oxford : Oxford University Press, 2023.

Summary:

This 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.

Contents:

Cover

Series

Shaping Contracts for Work

Copyright

Contents

Table of Cases

Table of Legislation

List of Abbreviations

Introduction: Shaping the Normative Core of Contracts for Work

Advancing the Enquiry

Outline of Argument and Structure

Methodology

Scope

Rethinking the Rationale

PART I. TERMS IMPLIED BY LAW INTOCONTRACTS GENERALLY

1. A Legal Overview

Introduction

Express Terms

Implied Terms

A. Terms Implied in Fact

B. Terms Implied by Custom and Usage

C. Terms Implied by Law

The Fact/​Law Distinction

Implication and Construction

Conclusion

2. The Significance of Implying a Term by Law

Emergence of a Powerful Judicial Technique

Normative Rationalisation of Contractual Dealings

Identifiable Legal Rules

Wide Scope of Influence

PART II. TERMS IMPLIED BY LAW INTOCONTRACTS FOR WORK

3. Origins and Current Status

Duties Owed by Employers

A. Duty to Provide a Safe Place of Work

B. Duty to Indemnify Employees for Expenses Innocently Incurred

C. Duty to Inform Employees of their Rights

Duties Owed by Employees

A. Duty to Obey Lawful and Reasonable Instructions

B. Duty of Fidelity

C. Duty to Exercise Reasonable Care and Skill

D. Duty to Hold Inventions on Trust

E. Duty Not to Misuse or Disclose Confidential Information

Mutual Duties Owed by Employers and Employees

A. Duty of Cooperation

B. Duty to Provide Reasonable Notice on Termination

4. Mutual Trust and Confidence and Good Faith

Mutual Trust and Confidence

A. Evolution and Existence in England

B. Rise and Fall in Australia: Commonwealth Bank v Barker

C. Application Beyond Employment

Good Faith

A. Evolution and Existence in England.

B. Confusion as to Existence and Content in Australia

PART III. TERMS IMPLIED BY LAW INTOEMPLOYMENT CONTRACTS

5. Employment as a Class of Contract

General Distinctive Characteristics of Employment

The Application of General Contract Law Principles

The Employee/​Worker/​Independent Contractor Distinction

The Operation of Particular Statutory Rules in Employment

The Courts' Imposition of Particular Duties in Employment

The Inability to Exclude Particular Duties in Employment

Employment as a Relational Contract

6. Necessity

Emergence of the Necessity Test in England

Confusion in Applying the Necessity Test in England

Confusion in Applying the Necessity Test in Australia

Excludability and Absolute Necessity

7. The Judicial Role

Examining the Judicial Role

A. Why Judges Should Engage in Judicial Law-​making

B. Why Judges Should Avoid Judicial Law-​making

Reinvigorating Coherence

Conclusion: Reshaping Contracts for Work

Summary of the Argument

Translating the Proposed Reshaping into Practice

A. Reclassifying Employment Contracts as a Class into Which Terms are Implied by Law

B. Defining When Terms Implied by Law are Necessary in Employment Contracts

C. Clarifying the Judicial Role and the Potential for a Set of Statutory Default Rules Implied into All Employment Contracts

D. Detailing the Precise Approach for Implying a Good Faith Term by Law into Employment Contracts

Bibliography

Index.

Notes:

This edition also issued in print: 2023.

Includes bibliographical references and index.

Description based on online resource and publisher information; title from PDF title page (viewed on November 6, 2023).

Other Format:

Print version: Golding, Gabrielle Shaping Contracts for Work

ISBN:

0-19-195992-8

0-19-269374-3

0-19-269375-1

OCLC:

1411309051