Chapter 8 Flashcards
ambiguous contract term
A contract term capable of multiple interpretations
parol evidence rule
: A common law rule of evidence in which a judge is prohibited from hearing evidence that the parties intended a meaning different than what is indicated in the clear language of the written contract
contra proferentem doctrine
: A rule of contract interpretation in which a judge interprets an ambiguous contract term in the manner most favourable to the party that did not draft the contract
expressed contract terms
Terms of a contract that the parties have explicitly agreed to, either orally or in writing
ancillary contract terms
Terms found in secondary documents, such as human resource policy manuals or employee handbooks, that have been incorporated into an employment contract by agreement of the employer and employee
implied contract term:
A default contract term invented by common law judges and read into an employment contract when the written terms of the contract (if any) do not address the specific issue addressed by the implied term
restrictive covenant
A contract term that restricts the right of a former employee to engage in certain competitive practices against his or her former employer
public policy illegality:
A common law right of judges to void all or part of a contract because it is contrary to public policy
wrongful dismissal:
A type of lawsuit by an employee against a former employer alleging that the employer terminated his or her contract without complying with the implied term in the contract requiring “reasonable notice . ”
repudiation of contract:
A breach of contract that demonstrates an intention by the party to treat the contract as at an end and no longer be bound by the contract
fixed-term contract:
A contract with a specific defined end date .
fixed-task contract:
A contract to perform a defined task that comes to an end when the task is complete
indefinite term contract:
A contract that has no specified end date .
“at will” employment contract:
An employment contract in which either party may terminate the contract at any time, for any or no reason, with no notice to the other party . This is the default model in the United States . In Canada, employment standards legislation requires notice of termination and therefore prohibits at will contracts for employees covered by the legislation
ancillary documents:
Written materials that are physically separate from an employment contract but that include rules that relate to the employment relationship . Examples include employee handbooks, benefits handbooks, and human resource policy manuals