7Implied terms

Aims and Objectives

After reading this chapter you should be able to:

  • ■ Understand the nature of implied terms and how terms are implied into contracts by statute or by common law
  • ■ Understand why the common law implies terms into employment contracts
  • ■ Understand the duties owed by employers to employees
  • ■ Understand the duties owed by employees to employers
  • ■ Be able to critically analyse the concept of implied duties
  • ■ Be able to apply individual categories of implied terms to factual situations

7.1 The process of implying terms

7.1.1 The nature of implied terms

As we have already seen, while employment law is an area that is heavily influenced by statute as well as by EU law it is also in essence a specific area of contract ...

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