Employment Law Flashcards
(14 cards)
The sale of goods statutes
Mainly covered by two statutes:
1. Consumer Rights Act 2015 (CRA) - applies to consumers contracts for the supply of goods, digital content or services from 1st Oct 2015 onwards (B2C)
2 .Sale of Goods Act 1979 (SOGA) - covered all other contracts for the sale of goods e.g. trader to trader, individual to individual
Implied terms of selling
- The right to sell: The seller has the right to sell the goods (either now or when the property passes to the buyer)
- Sale by description
- The goods are of a satisfactory quality
- Sale of good by sample
Sales by description
- A sale by description is where there is a reliance on description
- It includes sales where the goods are unseen buy also includes goods that are seen but where the buyer is relying on a description given of the goods
The goods are of satisfactory quality (s14)
- Doesn’t apply to private sales, only goods sold as part of a business
- Includes sale of second-hand items as well as new
- Buyer does not need to prove to court how goods came to be under standard, only that they are not of sufficient quality
- Buyer is expected to follow instructions supplied with goods
Sale of good by sample (s15)
When a business buys goods having looked at a sample it is a implied condition that:
- The bulk (remainder) will correspond with the sample
- The goods will be free from any defect that is not reasonably apparent on reasonable examination of the sale
Agency
- Is the relationship between two persons
- The purpose of the agent is to form a contract between the principal and a third party
Creating of an agency relationships
- Express agreement - principal appoints the agents and gives them actual authority to act on their behalf. Usually will be written by contract
- Implied agreement - where it is assumed that the principal has given the agent authority to act on their behalf
- Necessity - where an emergency arises which requires a person to protect the interests of another
- Agency by Estoppel - where the principals words or actions give the impression that they consent to a person acting as an agent
- Ratification - where an agency relationship is made retrospectively
Duties of an agent
- Duties to perform agreed tasks and follow instructions
- Duty to excessive care and skill
- Duty to not make a secret profit
- Duty to not take a bribe
- Duty to maintain confidentiality
- Duty to account
- Duty to avoid a conflict of interest
Rights of an agent
- Right to remuniration
- Right to a lien over the principals property
- Right to claim indemnity
Relationships between agent, principal and third party
- once an agent has created a contract between the principal and the third party, usually the agent has no further responsibility
- this means the only people that can sue and be sued on the contract are the principal and the party
Types of employment status
- Employee
- Self-employed contractor
- Worker
What makes somebody an employee
- Control test: to what extent is a person under the control of the employer
- Integration test
- Economic reality test: considers how much a person is working on their own account
- Mutuality of obligation: examines whether the employer is obligated to provide work for the employee
- Multiple test: combined use of other test
Written statement of employees terms
- An employer must give employees a ‘written statement of employment particulars’ if their employment contract lasts at least a month or more
- This isn’t an employment contract but will include the main condition of employment
- The employer must provide the written statement within two months of the start of employment
What a written statements must include
- the business’s name
- the employees name, job title or a description of work and start date
- how much and how often an employee will get paid
- hours of work
- holiday entitlement
