LAW 529 Lecture Notes - Lecture 17: The Employer

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Chapter 7: the requirements of an employment contract. It requires: capacity to contract (including intention to create a contract), offer and acceptance, exchange (mutual) of consideration. It is a question of proof, is there an ability to prove), offer. Letter (cid:894)positio(cid:374), start date, salar(cid:455) (cid:895), (cid:272)o(cid:373)prehe(cid:374)si(cid:448)e (cid:449)ritte(cid:374) (cid:272)o(cid:374)tra(cid:272)t. Capacity to contract: age, the law presumes that contracts with persons under 18 (aka infants or minors) are void, this presumption is rebuttable if the contract is beneficial to the person under 18, ref. Box 7. 1: mental capacity, voidable contracts: a contract that may be declared void at the option of one of the parties due to a deficiency (ex. Offer and acceptance: the presence of offer and acceptance is a contextualized, factual determination. It may be formal and self-evident, or it may be determined from a review of all relevant facts and circumstances.

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