A Legal Basis for Workers as Agents: Employment Contracts, Common Law, and the Theory of the Firm

2001 ◽  
Author(s):  
Harvey S. James
Keyword(s):  
Common Law ◽  
Theory Of The Firm ◽  
Legal Basis ◽  
Employment Contracts

Contracts and the Implied Freedom of Political Communication

2020 ◽  
pp. 0067205X2097975
Author(s):  
Patrick McCabe
Keyword(s):  
Political Communication ◽  
Common Law ◽  
Employment Contracts ◽  
Out Of Hours ◽  
The Common

This article considers the phenomenon of contractually-imposed restraints on political communication. Such restraints often incidentally arise from broad limits on out-of-hours conduct imposed by employment contracts or from confidentiality or non-disparagement clauses in deeds of settlement. It is argued that the implied freedom of political communication has work to do in relation to at least some categories of such restraints. The various objections to that view are examined and it is argued those objections are not compelling. The article analyses the question of how the implied freedom would operate in respect of contracts that impermissibly burden freedom of political communication, and suggests that this may be achieved by developing the common law of contract to accomodate a doctrine similar to the doctrine governing unreasonable restraints of trade.

contract law principles may state a general rule, very often, the law for the purposes of employment contracts may differ. The classical model of contractual relations outlined above works on the basis of freedom of contract. It assumes the contract arena is a level playing field on which all participants are equal in terms of bargaining power. But this is patently not the case. Many of the rules developed in the 20th century recognise that individual consumers do not have the same bargaining strength as a multinational company. The consumer requires protection, especially in the light of the widespread use by business of the ‘standard form’ contract. Some rules towards this end have been developed at common law but, to a large extent, common law development has been hindered by the conflict between the needs of consumers and the principle of freedom of contract espoused in the classical theory. Even in the field of purely commercial contracts, where the classical theory appears to have its strongest hold, there are exceptions. What must be appreciated is that traders operate on an international level and the ancient law merchant had started to develop before the 19th century classical theory took hold. In order to cater for the needs of the trading community, some of the classical rules were modified to take account of established trading practice. Thus, a number of the rules gathered together under the doctrine of consideration are modified to take account of practices established many

1995 ◽  
pp. 56-56
Keyword(s):  
Classical Theory ◽  
Common Law ◽  
Classical Model ◽  
General Rule ◽  
Employment Contracts ◽  
Freedom Of Contract ◽  
Playing Field ◽  
Ancient Law ◽  
Form Contract ◽  
Law Merchant

Child Protection through the Criminal Law

2020 ◽  
pp. 85-114
Author(s):  
Kenneth McK. Norrie
Keyword(s):  
Corporal Punishment ◽  
Criminal Law ◽  
Child Protection ◽  
Adult Population ◽  
Common Law ◽  
Legal Basis ◽  
Sexual Offences ◽  
The Common ◽  
The Law ◽  
A Charge

The earliest criminal law dealing with children differently from the adult population was that concerned with sexual offences. This chapter explores the changing policies of the law, from the late 19th century fear of girls being exposed to immorality and boys being exposed to homosexuality, through the more protective 20th century legislation which nevertheless hung on to old ideas of immorality and criminality, until the Sexual Offences (Scotland) Act 2009 focused almost (but not quite) exclusively on protection from harm and from exploitation. The chapter then turns to the crime of child cruelty or neglect from its earliest manifestation in the common law to its statutory formulation in Prevention of Cruelty to, and Protection of, Children Act 1889, which, re-enacted in 1937, took on a form that, for all intents and purposes, remains to this day. The last part of the chapter explores the legal basis for the power of corporal punishment – the defence previously available to parents, teachers and some others to a charge of assault of a child, known as “reasonable” chastisement. Its gradual abolition from the 1980s to 2019 is described.

III. State Treason Trials During the Puritan Revolution, 1640–1660

1972 ◽  
Vol 15 (1) ◽  
pp. 37-53 ◽  
Author(s):  
Adele Hast
Keyword(s):  
Common Law ◽  
The State ◽  
Direct Link ◽  
Legal Basis ◽  
Legislative Body ◽  
Law Courts ◽  
The Government ◽  
Set Up ◽  
Council Of State ◽  
Legal Procedures

The government of the parliamentary party during the Puritan Revolution of 1640–60 instituted changes in judicial and legal procedures to maintain its power and subdue its enemies. This study of treason trials conducted by the state will examine their legal basis and the events and activities considered treasonable. It will show the ways in which the concept of treason changed under a revolutionary government, and to what extent those trials conducted during the interregnum differed in their legal—judicial bases and content from those held before the King's death. Although there were hundreds of treason convictions during the interregnum throughout England, either by military courts-martial, or by common-law courts sitting in the provinces — as is shown by the Acts providing for die sale of estates forfeited to the Commonwealth for treason — this discussion will limit itself to trials initiated by the government in London. These state trials illustrate die political use of the treason charge; diey provide a direct link between the enactment of the interregnum treason laws and their implementation by the same legislative body. Not only was the meaning of treason determined, and die machinery of trial set up, by parliament; but who was to be tried was also decided eidier by parliament or die Council of State, and, after 1654, by the Protector and his council. It will dierefore be instructive to examine the types of treasonous action considered sufficiendy threatening to warrant parliamentary attention.

scholarly journals Employment Rights in an Era of Individualised Employment

2007 ◽  
Vol 38 (3) ◽  
pp. 417 ◽  
Author(s):  
Gordon Anderson
Keyword(s):  
New Zealand ◽  
Real World ◽  
Common Law ◽  
Employment Relationship ◽  
Employment Contracts ◽  
Inaugural Lecture ◽  
Law Faculty ◽  
Contract Of Employment ◽  
The Common ◽  
Employment Rights

On 7 August 2007, Gordon Anderson delivered his inaugural lecture after becoming a professor in the Law Faculty of Victoria University of Wellington. Gordon took as his theme the protection of employees employed on an individual contract of employment. Following the repeal of the award system by the Employment Contracts Act 1991 the majority of New Zealand employees ceased to be covered by collectively negotiated instruments. Instead the contract of employment became dominant. The lecture argued that the common law contract of employment provides little protection for employees. Instead protection depends on some critical statutory interventions that provide a degree of balance within the employment relationship. While not perfect, these protections may be the best that can be expected in the real world of employment.

7. Employment I: employment status, equal pay, and equality

2019 ◽  
pp. 97-113
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
Employment Status ◽  
Common Law ◽  
Independent Contractor ◽  
Equal Pay ◽  
Employment Contracts ◽  
Essential Information ◽  
Employment Contract ◽  
The Common ◽  
Contract Employment ◽  
The Individual

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter reviews the law on the employment contract, employment status, equal pay, and equality. Individuals may be engaged as workers, but their employment status will most commonly be as an employee or independent contractor. Employment status is significant in relation to the rights and obligations each type of contract has for the individual and employer. Given the lack of an adequate statutory definition, the common law has developed tests to identify employment status. Employment contracts contain express and implied terms. Employees and people employed personally to perform work under a contract are protected against various forms of discrimination and enjoy enforceable rights to equality at work.

scholarly journals Legal Basis of Common Approaches to Object to a Criminal Judgment in Iran and England Penal Systems

2018 ◽  
Vol 11 (1) ◽  
pp. 1
Author(s):  
Ayatollah Yari ◽  
Hossein Mirmohammad Sadeghi
Keyword(s):  
Common Law ◽  
Criminal Procedure ◽  
Direct Relation ◽  
Legal Basis ◽  
Criminal Trials ◽  
Law System ◽  
Procedure Code ◽  
Legal Foundations ◽  
The Law ◽  
System Today

One of the basic discussions in criminal procedure code which has a direct relation with defendants’ rights in civil procedure process is the matter of objection to criminal judgments that have seriously changed and transformed after the Islamic Revolution. According to the criticisms received by Iran's legal procedure system, the legislator has tried to make closer their position to the world’s standards in the field of objection to criminal judgments by referring to its former rules especially the law of criminal trials’ principles in the law of criminal procedure code approved in 2013. In addition to the final nature of the sentences in common law system, today, different ways of objection are predicted in England accusatory system. The present research tries to deal with the matter that on the prediction of common ways of objection how much its legal basis is considered and how much Iran and England legislators succeed in this path, in addition to analyzing the real examples of the ordinary ways of projection (objection, research appeal, and review appeal) and legal foundations of each one of them in two penal systems of Iran and England. The results of the cases above can be the guide of Iran's legislator in approving and reforming the regulations related to the objection the votes and approximating the regulations to world’s criteria in this field.

The erosion of the implied term of mutual trust and confidence in Australian employment law

2016 ◽  
Vol 45 (4) ◽  
pp. 275-297
Author(s):  
Vanitha Sundra-Karean
Keyword(s):  
Common Law ◽  
Legal Framework ◽  
Mutual Trust ◽  
Policy Reforms ◽  
Political Climate ◽  
Employment Contracts ◽  
High Court ◽  
The Common ◽  
Interpretive Method ◽  
Employment Rights

Although the implied duty of mutual trust and confidence has long been established as an implied term in employment contracts under English common law, the Australian High Court has recently ruled that it is not part of the common law regulating employment contracts in Australia because the implication of such a term was better regulated under statute. While it is acknowledged that legislation is most effective in regulating substantive employment rights and obligations, a political climate which lends itself to ideologically divergent policy reforms often robs the discipline of its stability. However, if there exists a legal framework apart from legislation, which coheres with it and has the ability to initiate juridical development in the law, as is the role of the common law, the result will be an enrichment of the discipline overall. This paper traces selected English and Australian judicial approaches towards the implication of the duty of mutual trust and confidence in the context of terminations of employment within a statutory regime, culminating with an analysis of the recent Australian High Court decision in Commonwealth Bank of Australia v Barker (Barker), which has diminished common law’s interpretive role in this regard. Consequently, this paper aims to revitalize common law reasoning by utilizing Dworkin’s judicial interpretive method as the necessary theoretical framework.

Marine Boundaries: States and the United States

2006 ◽  
Vol 21 (2) ◽  
pp. 121-171
Author(s):  
Gerard Mangone
Keyword(s):  
United States ◽  
International Law ◽  
Coastal Area ◽  
Common Law ◽  
The United States ◽  
Legal Basis ◽  
Marine Boundaries

AbstractMarine boundaries between states of the United States and between the states and the United States have a long and contentious history. Disputes have arisen between states separated by a river and between states in extending their land boundaries seaward. Especially since the Submerged Lands Act of 1953, disputes between states and the federal United States over title to valuable resources in the three-mile coastal area measured from the shoreline have been sharp and continuous. The legal basis for the delimitation of marine zones, including common law, statutes and international law, has been explored, indicating the reliance of courts on all three sources plus equitable principles.

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