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The Content and Performance of Contracts of Employment

Mark R. Freedland and Nicola Kountouris

in The Legal Construction of Personal Work Relations

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199551750
eISBN:
9780191731013
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199551750.003.0006
Subject:
Law, Employment Law

This chapter analyses the doctrines and regulatory techniques which have evolved to ascertain the content of contracts of employment in relation to their performance. It begins by identifying the way ... More


Implied Terms in the Contract of Employment

Hugh Collins

in The Contract of Employment

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198783169
eISBN:
9780191826191
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198783169.003.0022
Subject:
Law, Employment Law, Company and Commercial Law

Having established a binary classification of implied terms, the chapter argues that terms implied in fact into contracts of employment typically are needed to prevent reliance upon a possible ... More


Trade Usages and Implied Terms in the Age of Arbitration

Fabien Gélinas (ed.)

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199916016
eISBN:
9780190237073
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199916016.001.0001
Subject:
Law, Private International Law, Company and Commercial Law

If a dispute between commercial parties reaches the stage of arbitration, the cause is usually ambiguous contract terms, and the arbitrator often resolves the dispute by applying trade usages, either ... More


The Role of Status in the Law of Obligations: Common Callings, Implied Terms, and Lessons for Fiduciary Duties

James Edelman

in Philosophical Foundations of Fiduciary Law

Published in print:
2014
Published Online:
October 2014
ISBN:
9780198701729
eISBN:
9780191771552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701729.003.0002
Subject:
Law, Philosophy of Law, Law of Obligations

This chapter addresses the question of the role of a person’s status or office in the law concerning fiduciaries. Put in different terms, what is the relevance of the “fiduciary relationship” to the ... More


Coming to Terms with Good Faith

Mary Arden

in Common Law and Modern Society: Keeping Pace with Change

Published in print:
2015
Published Online:
March 2016
ISBN:
9780198755845
eISBN:
9780191816970
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755845.003.0004
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

The expression ‘good faith’ has several meanings. For the purposes of this chapter, it means that a contracting party must act in a manner which the contracting party reasonably believes is honest, ... More


Framework for an Analytical Account—Clarifying Terminology

Orsolya Toth

in The Lex Mercatoria in Theory and Practice

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199685721
eISBN:
9780191765711
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685721.003.0004
Subject:
Law, Company and Commercial Law, Private International Law

This chapter makes terminological clarifications to develop the framework for the proposed account of the lex mercatoria. It argues that the ‘international business community’ should be perceived as ... More


Usages and Implied Terms in Italy

Luca G. Radicati di Brozolo and Giacomo Marchisio

in Trade Usages and Implied Terms in the Age of Arbitration

Published in print:
2016
Published Online:
May 2016
ISBN:
9780199916016
eISBN:
9780190237073
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199916016.003.0005
Subject:
Law, Private International Law, Company and Commercial Law

This chapter provides a theoretical and practical survey of usages under Italian law. It begins with a general overview of contract theory and the taxonomy of usages, in order to suggest that implied ... More


Contract: Some Later Developments

John Baker

in Introduction to English Legal History

Published in print:
2019
Published Online:
June 2019
ISBN:
9780198812609
eISBN:
9780191850400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198812609.003.0020
Subject:
Law, Legal History

This chapter explores some lines of development in contract law after 1600. First there were questions flowing from the decision in Slade’s Case – the pleading formulae known as the ‘common counts’ ... More


Intellectual Property and the Contract of Employment

Jeremias Prassl

in The Contract of Employment

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198783169
eISBN:
9780191826191
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198783169.003.0027
Subject:
Law, Employment Law, Company and Commercial Law

The traditional approach to intellectual property rights (both patents and copyright) is to treat inventions and discoveries as fruits of the employee’s labour, thus belonging to the employer as the ... More


Ascribing and Limiting Fiduciary Obligations: Understanding the Operation of Consent

Joshua Getzler

in Philosophical Foundations of Fiduciary Law

Published in print:
2014
Published Online:
October 2014
ISBN:
9780198701729
eISBN:
9780191771552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701729.003.0003
Subject:
Law, Philosophy of Law, Law of Obligations

It is now a common observation that fiduciary duties typically arise from consent, express or implied, and regularly operate to prohibit certain behaviours in order to improve standards of positive ... More


The Organisation of Roman Contract

Peter Birks

in The Roman Law of Obligations

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198719274
eISBN:
9780191788543
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198719274.003.0002
Subject:
Law, Law of Obligations, Legal History

This chapter examines the principles of organisation which underpin the Roman law of contracts, and how these relate to the major tasks that any law of contract would have to perform. It also looks ... More


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