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The Future of the Employment Contract
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The Future of the Employment Contract

9781783479672 Edward Elgar Publishing
Douglas Brodie, Professor, School of Law, University of Strathclyde, UK
Publication Date: 2021 ISBN: 978 1 78347 967 2 Extent: 256 pp
This analytical book examines how the common law of the employment contract is likely to evolve. Tracing the radical evolution of this area over the last 40 years, it explores how many of the changes in common law have been triggered by the judicial ‘discovery’ of the key attributes of the relationship. The author concludes that these key attributes of the contract, including the imbalance of power between employee and employer, are likely to remain the key driver for change.

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This analytical book examines how the common law of the employment contract is likely to evolve. Tracing the radical evolution of this area over the last 40 years, it explores how many of the changes in common law have been triggered by the judicial ‘discovery’ of the key attributes of the relationship.

Douglas Brodie assesses how employment contract law is likely to develop, paying particular attention to wider developments of the law of obligations such as the recognition of the importance of fair dealing and the significance of relational contracts. Investigating the importance of how courts now regard the employment contract as governing personal relations, the author concludes that key attributes of the contract, including the imbalance of power between employee and employer, are likely to remain the key driver for change.

The Future of the Employment Contract will be an essential read for students and scholars of employment law and the law of obligations. It will also be of benefit to legal practitioners as they look to frame innovative legal arguments.
Critical Acclaim
‘In Douglas Brodie's The Future of the Employment Contract, one of the world's leading scholars on the employment contract provides a rich and judicious examination of the prospects for a worker-protective common law. The result is an impressive piece of scholarship that is sensitive to the virtues and the vices of the common law mind when it encounters the world of work. It deserves to be widely read, and it will influence academic and judicial debates at the frontiers of the discipline.’
– Alan Bogg, University of Bristol, UK

‘In The Future of the Employment Contract Douglas Brodie deftly analyzes current normative and jurisprudential debates about the contract of employment in UK law, interwoven with insights from other common law jurisdictions. The result is a work of perceptiveness and foresight, relevant far beyond the UK, that highlights how changing forms of work, changing terms of law, and public values will shape the future frontiers of the common law of contracts.’
– Claire Mummé, University of Windsor, Canada
Contents
Contents: Preface Introduction PART I JUDICIAL VALUES 1. The judges and the values of the employment contract PART II CATEGORISATION 2. Re-categorisation as a fiduciary PART III THE POTENTIAL IMPACT OF ENTERPRISE LIABILITY 3. Questions of inclusion 4. Risk allocation and psychiatric harm 5. Risk allocation and financial harm PART IV THE IMPACT OF RELATIONAL CONTRACT SCHOLARSHIP 6. Judicial creativity and doctrinal limitations 7. Preserving the relationship 8. Contractual damages 9. The contribution from contract and commerce PART V THE IMPACT OF THE RISE OF GOOD FAITH 10. Unconscionable employment 11. Good faith as a core principle PART VI THE IMPACT OF STATUTE 12. The relationship between the common law and statute PART VII CONCLUSIONS 13. Conclusions Index
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