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The Legal Construction of Personal Work Relations$
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Mark Freedland and Nicola Kountouris

Print publication date: 2011

Print ISBN-13: 9780199551750

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199551750.001.0001

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The Formation and Structure of Contracts of Employment

The Formation and Structure of Contracts of Employment

Chapter:
(p.129) 4 The Formation and Structure of Contracts of Employment
Source:
The Legal Construction of Personal Work Relations
Author(s):

Mark R. Freedland

Nicola Kountouris

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199551750.003.0005

In order to give both a composite picture and a breakdown of the ways in which the formation and structure of contracts of employment are approached and regulated, this chapter begins by considering the purpose and effect of the conditions of formation which are exacted for those contracts by the English and other European legal systems, and continues by sketching out the personal and economic structures or models and the economic structures or models which are imposed upon those contracts by those legal systems. In doing so, the chapter offers a comparative overview of a number of key contractual doctrines such as those of legal intention, legality, and formality in creating employment contracts. The chapter concludes by offering a critical analysis of the notions of duration and continuity.

Keywords:   formation of contracts, legal relations, illegality, formality, duration, mutuality of obligations

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