Explain the minimum requirements for a legal contract of employment and critically explain the implied and express conditions that should be considered when drafting a contract of employment. Also analyse how a breach of contract might be pursued through the legal system.
Introduction: What is an Employment Contract
A contract is a binding legally agreement between two parties, usually an employer and their employee. The contract is considered valid by the law if it contains the following fundamentals: offer and acceptance; consideration to be paid for the offer made (which must be sufficient not adequate); and the intention to create binding legal relations. If the agreement fails to incorporate one of these elements, the contract is void.
An employment contract is created when the offer is accepted, and this employment contract does not need to be in writing, but having the contract in writing can add clarity for both parties. The written document is formally known as the ‘written statement of terms’. The
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While expressed terms are quite straight forward, terms can become implied in many ways. The three main ways are custom, court and statue. Custom implied terms are becoming more of a prominent feature of employment. These terms are never agreed but slowly they work their way into being part of a contract. An example of this is if all employees get a company car every two year, this becomes part of the contract if it is part of a company’s policy and the employer must keep to it. Statue implied terms can be also known as imposed terms because the employer cannot overrule them due to them being legislation. Some examples of these statue terms are: the maternity equality cause (EqA 2010, s.73); determination of hourly rate of remuneration (NMWA 1998, s.2) and rights of employer and employee to minimum notice (ERA 1996,
1.1 Explain at least four points of differentiations between contract and agreement with the help of examples.
In order to discuss and analyse the above statement, in depth reference will be made to various documents which can in some circumstances relate to contracts of employment and whether those particular documents which are not contractual can be incorporated into a contract, creating legal enforceability for employers and employees. Firstly it must be established what exactly is a contract of employment.
Contractual agreement has always been viewed in terms of offer and acceptance. The universal principle to contract law has always been parties may get into an agreement in whichever way they deem fit and they are subject to certain terms as they choose. As far as legal requirements vital to their formation are binding contracts may be formed. Moreover a binding agreement may be manifested in terms of writing or in verbal form.
...mended that in determining whether in an individual case the term or notice was fair and reasonable, both substantive fairness (‘the substance and effect of the term’) and procedural fairness (‘the circumstances existing at that time’) be taken into account. (42)And additionally there are requirements that the contract must be written in ‘plain, intelligible language’ for a reasonable person would understand.
Contracts and agreements have many key differences. A contract is an agreement between two parties that is legally binding. In order for a contract to be valid and have legal standing, it must have four requirements; consideration, contractual capacity, and legality. Without all four of these requirements it is not considered a contract and has no legal standing. An agreement is an understanding or some type of arrangement between two or more parties and does not need to have the four requirements that a contract must have. Most of the time, agreements are informal and not enforceable by law.
Big cities, small towns, villages and in a broad sense all human habitats are full of their inhabitants’ memories. While some of these memories are specific and unique to each individual, some have collective characteristics: memories about a common past, the common past that we all may or may not have seen or experienced but we might have heard of it, the memories of a public square that has no longer existed but my grandpa shares the memory with yours…
The English contract Offer and Acceptance General principles There are three basic essentials to the creation of a contract which will be recognised and enforced by the courts. These are: contractual intention, agreement and consideration. The Definition of an Offer. This is an expression of willingness to contract made with the intention (actual or apparent) that it shall become binding on the offeror as soon as the person to whom it is addressed accepts it. An offer can be made to one person or a group of persons, or to the world at large.
One of the last remaining strongholds of classical contract law is the notion that contracts require offer and acceptance therefore, in order for a contract to become binding, offer, acceptance, consideration and intention to create legal relations must exist. However contracts are formed in different ways for each different circumstance. (Shawn Bayern, Offer and Acceptance in Modern Contract Law: A Needles Concept, 103 Cal. L. Rev. 67, 102 (2015)
Even if the union has waived its right to bargain or grieve an issue, the company is obliged to bargain if there is any change. If a mandatory subject has been bargained over and it has been included in the agreement,
Formalities – if formalities are prescribed for the formation of the contract , they must be observed.
A contract is an agreement which has its specified terms and conditions between two or more parties in which there is a promise to do something in return for a benefit.
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
A valid contract is an agreement including promises made between two or more parties with an intention of certain legal rights and legal responsibility that are enforceable. For there to be a contract – that must contain four essential elements- offer, acceptance, intention to create legal relations and consideration.
...ems to be normal practice now for employers. As long as both parties agree and it does not go against public interest it would seem that restraints can be valid. The courts do not like getting involved in changing the clause to make it valid and therefore enforceable. There have been many tests to make sure that employers make the clauses reasonable and therefore would not have to go to court.
A contract is generally considered to be an exchange of promises or an agreement between parties which in due course legally binds the parties; this can be enforced by the English Law. A contract is always, referred to the basic foundations of Contract Law, which refers to promises being kept amongst two parties. It is clear that all people make contracts nowadays and do not even consider for a moment that they are forming contracts; these can be formal or informal, oral or written.