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The Contract of Employment$
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Mark Freedland, Alan Bogg, David Cabrelli, Hugh Collins, Nicola Countouris, A.C.L. Davies, Simon Deakin, and Jeremias Prassl

Print publication date: 2016

Print ISBN-13: 9780198783169

Published to Oxford Scholarship Online: August 2016

DOI: 10.1093/acprof:oso/9780198783169.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 18 January 2021

Relational Contracts

Relational Contracts

(p.145) 7 Relational Contracts
The Contract of Employment

Douglas Brodie

Oxford University Press

In recent years there has been growing interest in the concept of a relational contract which has been defined as a ‘contract that involves not merely an exchange, but also a relationship between the contracting parties’. (MA Eisenberg, ‘Relational Contracts’ in J.Beatson and D Friedmann (eds), Good Faith and Fault in Contract Law (OUP, 1995) 296.) The chapter aims to provide an indication of the changes to common-law doctrine that might come about given the categorization of the employment contract as relational. The chapter suggests what a judicial construction of a relational contract would look like. This includes the concept of fair dealing and reciprocity and self-help remedies.

Keywords:   relational contract, good faith, fair dealing, reciprocity, self-help

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