Question
Explain in simpler terms . Implied Terms in the Contract of Employment
The law of contract is founded on the assumption that the parties to a contract exercise free will to
decide their own terms to regulate the contract. However, the courts have tended to read into
contracts terms which the parties did not specifically include. Courts have implied terms into
contracts based on surrounding facts, necessity or implied terms by law30 :Liverpool City Council
v Irwin. The implication of terms is meant to give effect to the unexpressed wishes of the parties
looking at the common intentions of the parties, actual or imputed. Secondly, courts will imply
terms in contracts by law into contracts of a particular type, that is, irrespective of the intentions of
the parties.31 This is done on the footing that absent the implication the contract would be
impossible to perform. The contract of employment as a contract sui generis has terms implied
into it by the courts. These terms are commonly referred to as implied duties and are discussed
below.
The law of contract is founded on the assumption that the parties to a contract exercise free will to
decide their own terms to regulate the contract. However, the courts have tended to read into
contracts terms which the parties did not specifically include. Courts have implied terms into
contracts based on surrounding facts, necessity or implied terms by law30 :Liverpool City Council
v Irwin. The implication of terms is meant to give effect to the unexpressed wishes of the parties
looking at the common intentions of the parties, actual or imputed. Secondly, courts will imply
terms in contracts by law into contracts of a particular type, that is, irrespective of the intentions of
the parties.31 This is done on the footing that absent the implication the contract would be
impossible to perform. The contract of employment as a contract sui generis has terms implied
into it by the courts. These terms are commonly referred to as implied duties and are discussed
below.
Answers
GPT-4o mini
**Implied Terms in an Employment Contract Explained Simply:**
When people make contracts, like an employment contract, they usually agree on specific terms, like pay and working hours. However, sometimes courts add terms that weren't explicitly stated in the contract. They do this for a couple of reasons:
1. **Common Understanding:** Courts try to reflect what the parties to the contract likely wanted or expected, even if they didn't write it down. This is about understanding the overall intentions of both sides.
2. **Legal Requirements:** For certain types of contracts, like employment contracts, there are specific terms that the law says must be included, regardless of what the parties intended. This is to ensure that the contract works properly. Without these terms, it might be impossible to carry out the agreement.
In employment contracts, these added terms are often called "implied duties." They ensure that even if some important details aren't written in the contract, the employment relationship still functions smoothly and fairly.
When people make contracts, like an employment contract, they usually agree on specific terms, like pay and working hours. However, sometimes courts add terms that weren't explicitly stated in the contract. They do this for a couple of reasons:
1. **Common Understanding:** Courts try to reflect what the parties to the contract likely wanted or expected, even if they didn't write it down. This is about understanding the overall intentions of both sides.
2. **Legal Requirements:** For certain types of contracts, like employment contracts, there are specific terms that the law says must be included, regardless of what the parties intended. This is to ensure that the contract works properly. Without these terms, it might be impossible to carry out the agreement.
In employment contracts, these added terms are often called "implied duties." They ensure that even if some important details aren't written in the contract, the employment relationship still functions smoothly and fairly.