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The Contract of Employment$
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Mark Freedland, Alan Bogg, David Cabrelli, Hugh Collins, Nicola Countouris, A.C.L. Davies, Simon Deakin, and Jeremias Prassl

Print publication date: 2016

Print ISBN-13: 9780198783169

Published to Oxford Scholarship Online: August 2016

DOI: 10.1093/acprof:oso/9780198783169.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 13 December 2019

The Autonomy of the Common Law of the Contract of Employment from the General Law of Contract

The Autonomy of the Common Law of the Contract of Employment from the General Law of Contract

Chapter:
(p.124) 6 The Autonomy of the Common Law of the Contract of Employment from the General Law of Contract
Source:
The Contract of Employment
Author(s):

Douglas Brodie

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198783169.003.0006

This chapter on the autonomy of the common law of the contract of employment addresses the relationship between the general principles of contract law and the more specific rules pertaining to the employment contract. The chapter considers how the employment contract applies and modifies general principles and, in turn, acts as a catalyst for reform in the law of contract as a whole. The chapter discusses the construction of an employment contract, the importance of cross-fertilization, the concept of pluralism within contract law, and the notion of good faith. The view is taken that a proper understanding of the relationship between the general principles and specific rules can only be gained through consideration of the way in which the law of the employment contract also interacts with the law of other nominate contracts.

Keywords:   construction, pluralism, autonomy, good faith, cross-fertilization

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