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Private Law and the Employment Contract
About this book
This book brings together leading scholars from private law and employment law to reflect upon private law doctrines as they relate to the employment contract.
Developing an interdisciplinary dialogue, these contributions explore the regulatory functions of private law doctrines at the cutting edge of modern employment law. Topics include the potential and limitations of private law damages; the role of injunctions and specific performance; the interactions between express and implied terms; vicarious liability; substantial performance and breach; and the common law right to work. The integration of scholarly perspectives from the realms of private law and employment law enriches and deepens our understanding of core private law doctrines.
Historically, employment law was defined in terms of its autonomy from general private law. This achievement of autonomy was highly prized, and considered necessary to facilitate industrial freedoms for trade unions and the protection of employees from exploitation. But the contractual basis of employment means that any such autonomy has always been partial and unstable. Furthermore, as trade unions have declined and governments have deregulated statutory employment rights, private law has assumed growing practical importance in strategic appellate litigation. In many common law jurisdictions, private law doctrines have become the new battleground between employers, workers and trade unions. The essays in this book examine specific doctrinal issues against this dynamic backdrop of changing social, economic and constitutional conditions. While focused mainly on English law, the essays also consider examples from other jurisdictions including Australia and Scotland.
As private law becomes the default regulation for most employment contracts in 21st-century labour markets across the world, this book is an essential resource for practitioners, judges, academics and students.
Developing an interdisciplinary dialogue, these contributions explore the regulatory functions of private law doctrines at the cutting edge of modern employment law. Topics include the potential and limitations of private law damages; the role of injunctions and specific performance; the interactions between express and implied terms; vicarious liability; substantial performance and breach; and the common law right to work. The integration of scholarly perspectives from the realms of private law and employment law enriches and deepens our understanding of core private law doctrines.
Historically, employment law was defined in terms of its autonomy from general private law. This achievement of autonomy was highly prized, and considered necessary to facilitate industrial freedoms for trade unions and the protection of employees from exploitation. But the contractual basis of employment means that any such autonomy has always been partial and unstable. Furthermore, as trade unions have declined and governments have deregulated statutory employment rights, private law has assumed growing practical importance in strategic appellate litigation. In many common law jurisdictions, private law doctrines have become the new battleground between employers, workers and trade unions. The essays in this book examine specific doctrinal issues against this dynamic backdrop of changing social, economic and constitutional conditions. While focused mainly on English law, the essays also consider examples from other jurisdictions including Australia and Scotland.
As private law becomes the default regulation for most employment contracts in 21st-century labour markets across the world, this book is an essential resource for practitioners, judges, academics and students.
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Yes, you can access Private Law and the Employment Contract by Alan Bogg,Paul S Davies in PDF and/or ePUB format, as well as other popular books in Law & Contract Law. We have over one million books available in our catalogue for you to explore.
Information
Table of contents
- Cover
- Title Page
- Foreword
- Preface
- Contents
- List of Contributors
- Table of Cases
- Table of Legislation
- 1. Private Law Perspectives on the Employment Contract
- 2. Why There is Not Yet (But Could be Soon) a Principle of Favourability in British Labour Law
- 3. The Variation of Commercial and Employment Contracts: Revisiting the Question of Explicit Worker Consent
- 4. Substantial Performance in Employment Contracts
- 5. Remedies in Workplace Discrimination Law: Private Law Perspectives on Damages
- 6. Damages for Breach of the Contract of Employment: Valuing the Loss of a Chance
- 7. Specific Performance and the Contract of Employment
- 8. The Injunction Dilemma
- 9. The Impact of the Law of Tort
- 10. Is There a Right to Work?
- Index
- Copyright Page