Download or read book Good Faith and the Individual Contract of Employment written by Manitoba. Law Reform Commission and published by Manitoba, Law Reform Commission = Manitoba, Commission de réforme du droit. This book was released on 2001 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Employment Contract Instinct with an Obligation written by Robert C. Bird and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Basic Guide to the National Labor Relations Act written by United States. National Labor Relations Board. Office of the General Counsel and published by U.S. Government Printing Office. This book was released on 1997 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Manual of Style for Contract Drafting written by Kenneth A. Adams and published by American Bar Association. This book was released on 2004 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Contractual Good Faith written by Steven J. Burton and published by . This book was released on 1995 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Good Faith and Fault in Contract Law written by Friedman Beatson and published by Turtleback. This book was released on 1997-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Domestic relations written by James Schouler and published by . This book was released on 1921 with total page 1386 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Jettisoning the Normative Value of the Implied Duty of Good Faith written by Nadelle Grossman and published by . This book was released on 2018 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Good Faith in Contract written by Roger Brownsword and published by Dartmouth Publishing Company. This book was released on 1999 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Good Faith in European Contract Law written by Reinhard Zimmermann and published by Cambridge University Press. This book was released on 2000-06-08 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Chinese Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2017-10-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Download or read book The Employment Contract and the Changed World of Work written by Stella Vettori and published by CRC Press. This book was released on 2016-03-23 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book EEOC Compliance Manual written by United States. Equal Employment Opportunity Commission and published by . This book was released on 1992 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Contract Compliance Manual written by United States. Office of Federal Contract Compliance Programs and published by . This book was released on 1979 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Future of the Employment Contract written by Brodie, Douglas and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Oxford Handbook of the Law of Work written by and published by Oxford University Press. This book was released on 2024-08-15 with total page 961 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the core of all societies and economies are human beings deploying their energies and talents in productive activities - that is, at work. The law governing human productive activity is a large part of what determines outcomes in terms of social justice, material wellbeing, and the sustainability of both. It is hardly surprising, therefore, that work is heavily regulated. This Handbook examines the 'law of work', a term that includes legislation setting employment standards, collective labour law, workplace discrimination law, the law regulating the contract of employment, and international labour law. It covers the regulation of relations between employer and employee, as well as labour unions, but also discussions on the contested boundaries and efforts to expand the scope of some laws regulating work beyond the traditional boundaries. Written by a team of experts in the field of labour law, the Handbook offers a comprehensive review and analysis, both theoretical and critical. It includes 60 chapters, divided into four parts. Part A establishes the fundamentals, including the historical development of the law of work, why it is needed, the conceptual building blocks, and the unsettled boundaries. Part B considers the core concerns of the law of work, including the contract of employment doctrines, main protections in employment legislation, the regulation of collective relations, discrimination, and human rights. Part C looks at the international and transnational dimension of the law of work. The final Part examines overarching themes, including discussion of recent developments such as gig work, online work, artificial intelligence at work, sustainable development, amongst others.
Download or read book Older Workers Benefit Protection Act written by United States and published by . This book was released on 1990 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt:
