Contract Law and Common Law Principles

Question 1

Elements of a contract?

Answer 1

offer, consideration, acceptance

Question 2

Complications to a contract

Answer 2

Effect of counter offers, capacity isues, effect of undue influence including misrepresentation and duress, written versus verbal

Question 3

What are forms of employment contracts?

Answer 3

fixed term (project hires, seasonal work), indefinite, independent contractorC

Question 4

What are common law principles?

Answer 4

Things courts will read into contracts of employment
decisions governing certain terms of employment

Question 5

What are the implied duties and rights?

Answer 5

Good faith and faithfulness of employees, Good faith and fair dealing of employers, Competence of employees, To work in the employer’s best interests, Confidentiality of trade secrets, Employer’s duty to provide a safe workplace, Employers duty not to require wrongful act, Employers duty to provide reasonable notice, Employer’s duty to provide work, Right to terminate for cause, Anything required by statute, Rights over work product

Question 6

What are tors?

Answer 6

lawsuits independent of any contract (independent actions you can sue for)
typically on top of wrongful dismissal claim
ex: mental distress, negligence, defamation
intention is to correct the harm but must prove damagesWha

Question 7

What are fiduciaries?

Answer 7

High level of trust, dependency/reliance and vulnerability to employee’s discretion
higher expectations, employer is dependent, senior and specialized roles in occupation
ex: lawyers, ceo

Question 8

Test for fiduciary>

Answer 8

ability to make changes without anyone kowing
exercise power in a way that really impacts the employer
Employer is particularly vulnerable to the fiduciary

Question 9

What are restrictive covenants?

Answer 9

Restrictions on the ability of employees to compete with the employer, may survive end of contract
requires time, space, nature of activities
for fiduciaries
courts HATE