Thursday, January 9, 2020
The At Will Doctrine Is A Rule Of Contract Law - 939 Words
The at-will doctrine is a rule of contract law. The rule sets the standard that an employee can quit/resign their position at any time and an employer can terminate an employee at any time and for any non-discretionary reason. Because the at-will doctrine is a contract rule, both the employer and employee are free and able to change it by agreement. However, if their agreement is silent on the question of how the employee can be terminated, then the employee can be discharged without warning, without a discussion, and for any non-discretionary reason. Under the at-will doctrine, employment that is described as permanent does not mean that it will last forever. It means only that the job is not temporary or not seasonal. The employer can discharge the employee at any time and for any reason. The employer does have the option to terminate the employee for reasons that may even seem quite ridiculous and is not obligated to tell the employee the reason for termination; for example, because the employee asked for a day off. Under at-will employment, the employer is not required to give an employee any advance notice at all. The employer can also discharge the employee without offering the employee any chance to explain their side of the story. Every state has a different approach to and interpretation of at-will employment, so the law will be different from one state to the next. Because the at-will doctrine provides an employee no job protection at all, it isShow MoreRelatedThe Doctrine of Frustration Essay examples945 Words à |à 4 PagesThe old common law had a doctrine of absolute contract under which contractual obligations were binding no matter what might occur (Paradine v Jane, 1647). In order to ease the hardship which this rule caused in cases where the contract could not be properly fulfilled through no fault of either party but due to occurrence of unforeseen events, the doctrine of frustration was developed. The original theory was that frustration dischargedRead MoreThe Business Law Short Essay1215 Words à |à 5 Pages MLC101 Business Law Short Essay Yu Peng YUPC1501 Word Count:1107 Introduction Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 ()will affect from 12 November 2016. it has changed some sections to the Australian consumer law. Last version of this law only applicable to the individual consumer, Act 2015 extend the scope to the small business that employs fewer than 20 persons. This thesis will discuss the following questions; ï µWhat is an unfairRead MoreThe Rules Of Law Must Be Prepared1632 Words à |à 7 PagesThe rules of law must be prepared to justify themselves against criticism and therefore it seems appropriate to consider the rules which under the common law prescripts what are the essential requirement by which it is determined whether an agreement can be legally obliged. It appears whether an approach can be adopted by the Court is when there is a seriousness intention to enter into such obligations which is enforceable at law. Of course, if there is no incapacity or impossibility in circumstancesRead MoreThe Origin of the Doctrine775 Words à |à 4 Pagespromise.â⬠1 Whilst the doctrine of consideration does, in some cases, cause parties to experience injustice, sometimes something that the courts fail to resolve, consideration is a crucial element to the formation of a legally binding contract. This paper will not only explain why the High Court should not abolish the requirement for consideration but will also highlight its usefulness in contract formation. Origin of the Doctrine of Consideration The origin of the doctrine of consideration can traceRead MoreEmployment At The United States1276 Words à |à 6 PagesEmployment at-will Employment at will is a common law that governs work relationships in most states in the U.S. The rule states that if an employee is contracted by an employer for an indefinite period of time then the contract can be terminated by either the employee or the employer at any time and for any given reason unless there is another law in places that guide otherwise. This simply implies that if an employee is hired under the ââ¬Ëat willââ¬â¢ law then the employer can fire the employee for anyRead MoreWhat is Consideration?1066 Words à |à 4 Pagesbinding under the doctrine of promissory estoppel. Promissory estoppel excludes the general need of consideration within a contract and stops a person going back on their promise. This is to avoid any injustice. This essay will look at how promissory estoppel relates to the doctrine of consideration and whether it overlaps when considering the creditors promise to accept less. Consideration is where the parties need to promise to do something or give something. The common law helps us understandRead MoreLaw Is Not And An Exact Science Essay850 Words à |à 4 Pages1. law is not and an exact science. Lawyers cannot provide a precise answer to a legal question or predict with certainty the outcome of legal disagreement. Law and medicine are similar fields; both are practiced and that change is common. Legal uncertainty is as complication as the human body or as human society The law is interpretation which create uncertainty, and when questions are answered by the courts or legislature, those answers may change the act of higher court, someone with greaterRead MoreQuestions On The Doctrine Of Promissory Estoppels1739 Words à |à 7 Pagesenforceable contract was entered into between Milhouse and Bart for constructing a deck. After the contract was entered into Bart requested Milhouse pay an additional amount of $3,000 as the work could not be completed with the amount stipulated in the contract. Milhouse agreed to pay the extra amount. Later after the work was completed Milhouse disagreed to pay the excess amount. Issues â⬠¢ Whether the promise by Milhouse to pay Bart an additional $3,000 is enforceable in law? Rules In order toRead MoreContract Law Essay904 Words à |à 4 PagesContract Law Bingham LJs statement expresses well the purpose of the doctrine of frustration which is to moderate the general rule, as expressed in Paradine v. Jane (1647), that, unless they have been expressly qualified, contractual obligations are absolute. It does not tell us much about the underlying principles of the doctrine. How and when does it apply and what are the effects? Contract law needs certainty and a doctrine that excuses parties from the performanceRead MoreThe Rule in Turquands Case1399 Words à |à 6 PagesThe doctrine of Indoor management, popularly known as the Turquands rule initially arose some 150 years ago in the context of the doctrine of constructive notice. The doctrine of constructive notice of a companys public documents was, of course, abolished prospectively. The rule was partly dictated by practical necessity - persons contracting with a company were not expected to spend their time checking that any required resolutions had properly been passed, at meetings that had been correctly
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.