Employment contract

A contract is a legal agreement between two or more parties that contain a mutual agreements that enforceable at the law(Varone, 2012, p. 332).. Contracts can be by word of mouth, in writing, or implied by parties in some cases, whereas though consideration can be an act of promise (Varone, 2012, p. 332-333). In most cases, contracts are started when an offer is made and another party accepts. There is no acceptance when nothing is agreed upon between parties, but is legally binding once agreed…

Semester 7 Module: Employment Law Lecturer: Joe Varley Submission Date: 21st November 2014 Student Details: Louise Murray X00064662 Declaration: The above named student’s declare that the content of this Continuous Assessment project is solely the work of the individual whose name appears on this cover sheet. The work of any other authors has been cited and referenced in full. Contents Page Introduction 3 Section 1- Fixed Term Contract 4…

forming an enforceable contract. Generally speaking, a contract is an exchange of promises between individuals. When intending to create a contract, it is significant for both of the parties to recognize when they have entered one, in order to avoid the consequences. Each side of the parties must have a “meeting of minds,” meaning a mutual assent; their needs to be an offer and an agreement to have a legit contract. Also, a consideration is another great factor that makes a contract legally…

Unconscionable conduct may occur due to contract been void where one party has taken advantage unfairly towards other party example case : Blomley v Ryan (1956) CLR 362 (BOOK). There is a need for having two elements within unconscionability. Both of these element have to be presented for proving the validity of the contract. These are substantive unconscionability and procedural unconscionability (Dobbs 2002). The procedural unconscionability…

contractual employee is a person who signed a contract before starting to work. Charlene Fisher has a very strong argument that she is a contractual employee. A contract is defined as “an agreement, upon sufficient consideration, to do or not to do so particular thing” (Willis 185). A contract consists of five components. There has to be 1) an agreement 2) consideration 3) legal capacity to contract 4) lawful subject matter and 5) genuine consent to the contract. In this scenario, after Charlene…

the council and the agency for a claim in unfair dismissal. Held: She was not employed by either business. She was employed by the agency as the agent paid her wage. So they can exercises disciplinary action and terminate her employment. And this ‘control’ creates the employment relationship. COA held: Mrs Dacas was not employee of the agency, they don't have the obligation to provide work, nor does Mrs Dacas to accept work offered. The agency has no control over her work; the control is by the…

Is Mary’s release legal under the doctrine of employment-at-will? According to the doctrine of employment at will which refers to the presumption that employment is for an indefinite time and could be terminated either by employer or employee, Mary’s release was legal. The employment contract between Mary and her employer was terminated when the Economic conditions became unfavorable to the company; this was according to the doctrine of employment- at-will that guarantees either of the parties…

restricting Northey and Malvin’s future employment. The court deemed the language of the covenant to be too broad to enforce. The court determined an employer legitimacy protectable interest will be enforced. On the contrary, an employer may not enforce a post-employment restriction on a former employee simply to eliminate competition. Moreover, they decided the time period was unreasonable; in the covenant it restricted the deejays from gaining employment within a two year period. However,…

1. The legal rules and the SEC self-regulatory oversight philosophy, and neither provide enough protection to stakeholders to prevent corporate misconduct. The fiduciary duty of loyalty means that directors and officers of a corporation must act without personal economic conflict when making decisions on behave of the corporation. Therefore, it is generally acceptable if a director makes a decision for the corporation that profits them both, but not the officer more than the well being of the…

salesperson who assisted DJ with the purchase, as vicarious liability which should protect her because she was simply acting within the ordinary course of employment as an agent of CJS Inc. (e.g. allowing DJ to inspect the ship prior to purchase) (DuPlessis et al. 2011) Upon the sale of the boat between DJ and CJS Inc. a contract was created. This contract is likely written due to the amount of money being…