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The Legal Construction of Personal Work Relations$
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Mark Freedland and Nicola Kountouris

Print publication date: 2011

Print ISBN-13: 9780199551750

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199551750.001.0001

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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: 27 October 2021

The Content and Performance of Contracts of Employment

The Content and Performance of Contracts of Employment

(p.177) 5 The Content and Performance of Contracts of Employment
The Legal Construction of Personal Work Relations

Mark R. Freedland

Nicola Kountouris

Oxford University Press

This chapter analyses the doctrines and regulatory techniques which have evolved to ascertain the content of contracts of employment in relation to their performance. It begins by identifying the way in which a whole body of doctrine has evolved with regard to the ‘implied terms’ of contracts of employment. It continues by discussing some specific areas in which the law of contracts of employment interprets, and assigns effects or outcomes to, the eventualities which present themselves or the steps which the parties take in the course or conduct of personal work relations; the areas or locations in question are those of performance of contracts and the regulation of the wage-work bargain, variation of contracts or of their terms, and suspension of contracts.

Keywords:   content, performance, variation, implied terms, good faith, mutual trust, confidence, suspension

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