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Essay / Research Paper Abstract
This 8 page paper considered whether or not the employment contract alone would be sufficient to regulate the employment relationship. The influences ion the way the employment relationship is influences are considered and the arguments for and against additional influences are discussed, before the conclusion that more than an employment contract is needed for benefit of the employer, the employees and society as a whole. The paper is written with specific reference to English law, but the concepts apply universally. The bibliography cites 8 sources.
Page Count:
8 pages (~225 words per page)
File: TS14_TEeecontractleg.rtf
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Unformatted sample text from the term paper:
the free market where the state should only intervene where it is needed, with market forces being the predominant influence within the marketplace and the way in which contracts are
formed and regulated. The general approach to any contract under English law is an assumption that the parties intervened to the contract are equal, and are free to enter into
the contract. There are certain requirements that need to be present in order for contract to be valid; which include offer, acceptance and consideration, as well as the intention to
create a legal relationship, as well as the capacity of the parties to enter into the contract (McKendrick, 2007). When considering the
employment relationship the basic foundation of this relationship is the employment contract, and the nature of the contract is personal, often negotiated between the employer and the employee (McKendrick, 2007).
Therefore, it may be argued its employees and employers should be free to make whatever contracts if it appropriate in terms of the employment relationship they want to create. However,
unlike many other areas of contract law, there is intervention by the government in the form of legislation to control the employment relationship. This ranges from the ability of the
courts to imply terms into the contract, through to mandatory aspects enshrined in legislative tools. However, if there is a strong argument for the benefits, politically and economically, of a
free market economy with minimal intervention from a government, it may be argued that the important contract should be sufficient in terms of regulating and controlling the employment relationship. The
basic concept of market forces is the market will, eventually, influence the behavior of the participants in order to meet market needs (Nellis and Parker, 2000). Therefore, argument such as
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