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The Personal Employment Contract$
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Mark Freedland

Print publication date: 2005

Print ISBN-13: 9780199298631

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199298631.001.0001

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Termination by Other Means

Termination by Other Means

Chapter:
(p.397) 8 Termination by Other Means
Source:
The Personal Employment Contract
Author(s):

MARK R. FREEDLAND FBA

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199298631.003.0009

This chapter argues that the law of personal employment work contracts has developed in such a way and to such a point that it is extremely difficult to provide a clear and logical overall account of the law relating to the evolution, termination, and transformation of those contracts. The case law and legislation, upon which such an account would have to be based, have become intractably complex, to the point where it can be considered impossible to resolve all the intricacies, ambiguities, and inconsistencies to which they give rise. The first part of the chapter proposes a general theory of termination and transformation, which seeks to explain the causes of those difficulties, and presents a conceptual scheme which may help minimize them. The remainder of the chapter develops and applies the general theory in relation to the specific aspects of termination and transformation.

Keywords:   law of personal work contracts, case law, personal employment work, termination, transformation

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