Good Faith And The Individual Contract Of Employment
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Good Faith And The Individual Contract Of Employment
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Author : Manitoba. Law Reform Commission
language : en
Publisher: Manitoba, Law Reform Commission = Manitoba, Commission de réforme du droit
Release Date : 2001
Good Faith And The Individual Contract Of Employment written by Manitoba. Law Reform Commission and has been published by Manitoba, Law Reform Commission = Manitoba, Commission de réforme du droit this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Employees categories.
An Employment Contract Instinct With An Obligation
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Author : Robert C. Bird
language : en
Publisher:
Release Date : 2009
An Employment Contract Instinct With An Obligation written by Robert C. Bird and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with categories.
This article arises from a symposium sponsored by Pace University School of Law celebrating the ninetieth anniversary of the famous decision of Wood v. Lucy, Lady Duff-Gordon, 118 N.E. 214, 214 (N.Y. 1917). This case, amongst other advances, popularizes a particular notion of good faith in contracts as an "instinct with an obligation". This article examines the implications of the good faith doctrine as borne from the Wood decision in the employment context. Three challenges exist to the orderly development of the good faith doctrine in employment law. First, the meaning of good faith remains far from certain. Courts have intermingled good faith with other employment doctrines thereby hindering its widespread acceptance. Second, the good faith covenant in employment lacks mutuality. Usually bilateral in the contractual context, the covenant remains an obligation that usually runs only from the employer to the employee. The questions of whether the covenant should obligate employers and what the consequences of such an obligation could be remain unaddressed. Finally, and perhaps most interestingly, there is a limited understanding of the costs of the good faith duty. The emerging empirical work studying the effects of wrongful discharge law, of which the duty of good faith is a part, reveals potential economic costs of this important doctrine articulated by Judge Cardozo ninety years ago.
Good Faith And Fault In Contract Law
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Author : Friedman Beatson
language : en
Publisher: Turtleback
Release Date : 1997-01
Good Faith And Fault In Contract Law written by Friedman Beatson and has been published by Turtleback this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-01 with categories.
This collection of essays brings together the work of many of the world's leading Contract Law scholars. It focuses upon a common central theme: the question of good faith and fair dealing in the Law of Contract. The work discusses the requirement of good faith and its role in the formation ofcontracts, contractual obligations, and Breach of Contract and Remedial Issues.
Good Faith In Contract
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Author : Roger Brownsword
language : en
Publisher: Dartmouth Publishing Company
Release Date : 1999
Good Faith In Contract written by Roger Brownsword and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Buena fe (Derecho) categories.
In many legal systems around the world, whether civilian or common law, the doctrine of good faith is recognised as one of the general principles of contract law. By contrast, English law has taken a different approach, relying on a number of specific doctrines aimed at securing fair dealing but eschewing any general principle of good faith in contract. In the light of recent good faith provisions - such as those found in the EC Directives on Commercial Agents and on Unfair Terms in Consumer Contracts, as well as in the Lando Commission's 'Principles of European Contract Law' and the UNIDROIT 'Principles of International Commercial Contracts' - it is open to debate whether the English law of contract can, or indeed should, maintain its traditional approach.The purpose of the essays in this collection is to inform such a debate in two principal ways: first, by drawing out the competing conceptions (and concomitant credentials) of the idea of good faith in contract; and, secondly, by exploring the role of good faith in different contexts - for example, in the context of both consumer and commercial contracting, but also in the context of specific fields of contract law (such as insurance and financial services), particular patterns of doctrinal response to bad faith and unfair dealing and the various traditions of legal reasoning found around the world.The essays represent a significant international engagement with a question that is by no means of interest only to English lawyers. For, the perspectives presented by the European, Nordic, Israeli, North American, South African and Australian contributors to this book serve to illuminate our understanding of the idea of good faith whether our concern is with our own local legal system or, beyond that, with the elaboration of principles of contract law for regional or global application.
The Employment Contract And The Changed World Of Work
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Author : Stella Vettori
language : en
Publisher: CRC Press
Release Date : 2016-03-23
The Employment Contract And The Changed World Of Work written by Stella Vettori and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-23 with Social Science categories.
The world of work has undergone major changes in the last two decades. This book examines these changes in their international context. It is argued that collective bargaining should no longer be viewed as the most important means of regulating the employment relationship. In the changed world of work such an approach is becoming less relevant. Instead, other means of protecting legitimate worker interests are explored. These include: an adaptation and extension of the general principles of the law of contract; a constitutional right to fair labour practices; and the pursuit of good corporate governance and corporate social responsibility. The conclusion is that these alternative means of addressing legitimate worker interests can play a valuable role in filling the vacuum left by the worldwide decline of trade unions.
Good Faith In The Performance Of Contracts
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Author : Elisabeth Peden
language : en
Publisher: Butterworth-Heinemann
Release Date : 2003-01-01
Good Faith In The Performance Of Contracts written by Elisabeth Peden and has been published by Butterworth-Heinemann this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01-01 with Contracts categories.
Deals with the emerging area of contract law and the role of good faith. It provides a clear overview of the different approaches available to the courts in the development of the doctrine of good faith in relation to the performance of contractual obligations.
Good Faith In European Contract Law
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Author : Reinhard Zimmermann
language : en
Publisher: Cambridge University Press
Release Date : 2000-06-08
Good Faith In European Contract Law written by Reinhard Zimmermann and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-06-08 with Law categories.
For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.
Contractual Good Faith
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Author : Steven J. Burton
language : en
Publisher:
Release Date : 1995
Contractual Good Faith written by Steven J. Burton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Contracts categories.
Jettisoning The Normative Value Of The Implied Duty Of Good Faith
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Author : Nadelle Grossman
language : en
Publisher:
Release Date : 2018
Jettisoning The Normative Value Of The Implied Duty Of Good Faith written by Nadelle Grossman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
One of the Restatement (Second) of Contract's most significant contributions to the area of contract law is its formulation of the implied duty of good faith and fair dealing. Under the Contract Restatement's formulation of the implied duty, which is widely used by courts, parties must, as a normative matter, affirmatively perform a contract in a way that is faithful to the parties' common purpose and in line with their respective justified expectations. That means each party must act honestly, reasonably, and fairly, though this normative standard of conduct is described quite capaciously in the Contract Restatement. The Contract Restatement also broadly describes how a contracting party acts in bad faith, thereby breaching the implied duty. It also includes many examples of bad faith conduct from cases. With this guidance, contracting parties can determine up front how to perform their contractual obligations in line with the implied duty's normative standard of conduct and standard of liability.The American Law Institute's most recent Restatement--the Restatement of Employment Law--also addresses the implied duty of good faith and fair dealing, though only with respect to employment contracts. However, it does so in a way that is at odds with the Contract Restatement. Importantly, the Employment Law Restatement does not describe any normative standard of conduct for employers and employees. This failure suggests there is no normative expectation that parties to an employment contract act honestly, reasonably, and fairly in performing their contractual obligations. Of course, given the power imbalance present in most employment relationships in favor of the employer, the absence of such a normative standard could harm employees. The Employment Law Restatement also presents the standard of liability for the implied duty in a way that suggests it only applies to limited contractual employment terms, and only captures a limited range of bad faith conduct. Such a narrowing of the standard of liability could also harm employees, who might not have a claim, or might not know they have a claim, for breach of the implied duty where they are treated dishonestly, unfairly, or unreasonably. To cure these defects, this article proposes changes to the Employment Law Restatement's formulation of the implied duty to make it more closely track the approach taken in the Contract Restatement.
A Manual Of Style For Contract Drafting
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Author : Kenneth A. Adams
language : en
Publisher: American Bar Association
Release Date : 2004
A Manual Of Style For Contract Drafting written by Kenneth A. Adams and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
The focus of this manual is not what provisions to include in a given contract, but instead how to express those provisions in prose that is free ofthe problems that often afflict contracts.