The Future of the Employment Contract

The book explores how the common law of the employment contract is likely to evolve, tracing the radical evolution of this area over the last 40 years and examining how many of the changes in common law have been triggered by the judicial discovery of the key attributes of the relationship. It 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.

Format: Hardback
Length: 256 pages
Publication date: 23 July 2021
Publisher: Edward Elgar Publishing Ltd

The common law of the employment contract is a complex and evolving area of law that has been shaped by a range of factors, including judicial discovery, wider developments of the law of obligations, and the recognition of the importance of fair dealing and relational contracts. Douglas Brodie's book, "The Future of the Employment Contract," examines how employment contract law is likely to develop in the future.

One of the key themes of the book is the impact of judicial discovery on the development of employment contract law. Brodie argues that the judicial discovery of the key attributes of the employment relationship, such as the imbalance of power between employee and employer, has been a significant driver of change in the law. This has led to a greater emphasis on the importance of fair dealing and relational contracts in employment law.

Another important theme of the book is the wider developments of the law of obligations. Brodie notes that the law of obligations has evolved to recognize the importance of fair dealing and relational contracts, which have become increasingly important in modern society. This has led to a greater emphasis on the importance of contract law in regulating personal relations.

The book also explores the significance of how courts now regard the employment contract as governing personal relations. Brodie argues that the employment contract is likely to remain the key driver for change in employment law, as it governs the relationship between employee and employer. This means that any changes to the law of obligations will likely have a significant impact on the employment contract.

The book is divided into three parts. The first part provides an overview of the development of employment contract law over the last 40 years. The second part examines the key attributes of the employment contract, including the imbalance of power between employee and employer, fair dealing, and relational contracts. The third part explores the future of employment contract law, including the potential for further changes to the law of obligations and the impact of technological change on the employment contract.

One of the strengths of the book is its clear and concise writing style. Brodie's writing is accessible to students and scholars of employment law and the law of obligations, and he provides a wealth of examples and case studies to illustrate his points. The book also includes a comprehensive bibliography and index, which makes it easy to find specific information.

However, the book does have some limitations. One of the main limitations is that it does not cover all aspects of employment contract law. For example, it does not discuss the impact of employment law on other areas of law, such as labor law or employment discrimination law. Additionally, the book does not provide a detailed analysis of the legal implications of technological change on the employment contract.

Despite these limitations, "The Future of the Employment Contract" is an essential read for students and scholars of employment law and the law of obligations. It provides a clear and concise overview of the development of employment contract law over the last 40 years, and it explores the key attributes of the employment contract and the future of employment contract law. The book is also of benefit to legal practitioners as they look to frame innovative legal arguments.

In conclusion, the common law of the employment contract is a complex and evolving area of law that has been shaped by a range of factors, including judicial discovery, wider developments of the law of obligations, and the recognition of the importance of fair dealing and relational contracts. Douglas Brodie's book, "The Future of the Employment Contract," provides a clear and concise overview of the development of employment contract law over the last 40 years, and it explores the key attributes of the employment contract and the future of employment contract law. While the book does have some limitations, it is an essential read for students and scholars of employment law and the law of obligations, and it is also of benefit to legal practitioners as they look to frame innovative legal arguments.

Weight: 524g
Dimension: 234 x 170 x 19 (mm)
ISBN-13: 9781783479672