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Homework Question - Requirements for Formation of Contract of Employment?

Discussion in 'Australian Law School Homework Questions' started by yeep, 9 June 2016.

  1. yeep

    yeep Active Member

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    I don't quite understand the concept about contract of employment. Can anyone can help me?

    1. What are the essential requirements for the formation of a contract of employment?

    2. How do you think that these elements might ordinarily apply to a contract of employment?

    Also:
    Parties to a contract often state the nature of the relationship they are seeking to create. Why are such expressions of intention not regarded by the courts as conclusive?
     
  2. Victoria S

    Victoria S Well-Known Member

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    Essential requirements are the same: offer; acceptance; consideration; and capacity to enter into legal relations.

    However determining what actually constitutes the offer, the acceptance, etc., may need to be determined on a case by case basis. The terms comprising a contract may also be difficult to determine where a written contract is not provided to the employee or where certain terms are not discussed. Sometimes these things are covered by an award or industrial document or they are otherwise implied by fact or law.
     

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