Chapter 9 Flashcards
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 .
business efficacy test:
An approach used by common law judges to justify implication of a contract term on the basis that the term is necessary in order to make the contract effective
officious bystander test:
An approach used by common law judges to justify implication of a contract term based on the presumed intention of the parties . The idea is that a contract term is implied if it would be obvious to an uninterested bystander that both parties intended the term to be part of the contract
contract term implied “in fact”:
A term implied into a contract by a judge that reflects the presumed intentions of the parties
contract term implied “in law”:
A term implied into a contract by a judge as a matter of the legal duty that the judge believes ought to be imposed due to the nature of the particular type of contract
insubordination:
A breach by an employee of the implied or expressed term of an employment contract requiring the employee to obey an employer’s orders and instructions
constructive dismissal:
A fundamental change to an employment contract by an employer that an employee may treat as an effective termination of the contract
temporary layoff:
A refusal by the employer to permit an employee to report to work for a period of time but with the expectation that the employee will return to work in the future
unpaid suspension:
A form of employee discipline that involves a refusal by the employer to permit an employee to report to work for a period of time with an accompanying loss of wages for that period
quantum meruit :
An entitlement to be paid a fair market rate for work performed when the amount is not stipulated in a contract
