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Shaping Contracts for Work: The Normative Influence of Terms Implied by Law (Oxford Labour Law) - Hardcover
Synopsis
This work provides an in-depth examination of the common law's role in shaping contracts for work through the mechanism of implied terms. It constructs a theory which views the nature of the employment contract as distinct from other types of work contract.
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About the Author
Gabrielle Golding, Senior Lecturer, University of Adelaide
Dr Gabrielle Golding is a senior lecturer in law at Adelaide Law School and 2022 Barbara Kidman Women's Fellow at The University of Adelaide. Her research focuses on the intersection between employment and contract law. Dr Golding has previously worked as a lecturer in law at Monash Law School, as associate to the Honourable Justice Besanko in the Federal Court of Australia, and as an employment lawyer at a leading international law firm. She has also been invited to the Edinburgh and Strathclyde Law Schools as a visiting scholar to progress her research into employment contract law.
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Shaping Contracts for Work : The Normative Influence of Terms Implied by Law
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Shaping Contracts for Work : The Normative Influence of Terms Implied by Law
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Shaping Contracts for Work (Hardcover)
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Hardcover. Condition: new. Hardcover. Shaping Contracts for Work provides an in-depth examination of the common law's role in shaping employment contracts through the mechanism of implied terms. It constructs a theory which views the nature of the employment contract as distinct from other types of work contract. Terms implied by law into employment contracts, as well as their potential to operate in other non-standard contracts for the performance of work, are critically examined by referenceto the test that courts adopt when they are asked to imply such terms.In part one, Golding provides an overarching survey of the law which governs express and implied terms in contracts.In doing so, she considers the broader judicial role in implying terms and assesses how it can fundamentally alter the nature of the relationship between contracting parties. Part two draws comparisons between England and Australia, tracing the origins and status of select terms across both jurisdictions, and exploring how the application of these terms is often presumed. Golding also examines the duties of mutual trust, confidence, and good faith in both jurisdictions, investigating theirpotential application in employment contracts. In part three, Golding demonstrates why courts need to better articulate their understanding of what constitutes an 'employment contract' as a distinctiveclass of contract.By focussing on the impact of terms implied by law, this work adds a unique dimension to the debate concerning the regulation of waged work in the context of ever-increasing non-standard modes of work. This work provides an in-depth examination of the common law's role in shaping contracts for work through the mechanism of implied terms. It constructs a theory which views the nature of the employment contract as distinct from other types of work contract. Shipping may be from multiple locations in the US or from the UK, depending on stock availability. Seller Inventory # 9780192867827