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The Future of the Employment Contract

The Future of the Employment Contract

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781783479672
  • 出版时间 July 2021
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥1,104.50
发货时间:大约 4-5 weeks
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  • 描述 
  • 大纲 
  • 详细

    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.

    Douglas Brodie assesses how employment contract law is likely to develop, paying particular attention to wider developments of the law of obligations such as the recognition of the importance of fair dealing and the significance of relational contracts. Investigating the importance of how courts now regard the employment contract as governing personal relations, the author concludes that key attributes of the contract, including the imbalance of power between employee and employer, are likely to remain the key driver for change.

    The Future of the Employment Contract will be an essential read for students and scholars of employment law and the law of obligations. It will also be of benefit to legal practitioners as they look to frame innovative legal arguments.

  • Preface
    Introduction
    PART I. JUDICIAL VALUES
    1. The judges and the values of the employment contract
    PART II. CATEGORISATION
    2. Re-categorisation as a fiduciary
    PART III. THE POTENTIAL IMPACT OF ENTERPRISE LIABILITY
    3. Questions of inclusion
    4. Risk allocation and psychiatric harm
    5. Risk allocation and financial harm
    PART IV. THE IMPACT OF RELATIONAL CONTRACT SCHOLARSHIP
    6. Judicial creativity and doctrinal limitations
    7. Preserving the relationship
    8. Contractual damages
    9. The contribution from contract and commerce
    PART V. THE IMPACT OF THE RISE OF GOOD FAITH
    10. Unconscionable employment
    11. Good faith as a core principle
    PART VI. THE IMPACT OF STATUTE
    12. The relationship between the common law and statute
    PART VII. CONCLUSIONS
    13. Conclusions
    Index

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