ADMS 3420 Lecture Notes - Lecture 4: Wrongful Dismissal, Contra Proferentem, Quasi-Contract
3 Jun 2018
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ADM“ 0 – Chapter 8
Epressed ad Aillar Eploet Cotrat
Ters
You can be employed without ever having signed an employment contract. This means you are working
under a verbal employment contract.
Iterpretig Aiguous Cotrat Ters
- If the ods i a otat ae lea ad uaiguous i a judges ie the those lea ods
will usually be enforced by the judge.
- Aiguous otats ae apale of ultiple eaigs o itepetatios.
- Judges may be asked to resolve a dispute arising from an ambiguous contract term(s)
- Applig the ota pofeete dotie, judges usuall appl the itepetatio ost
favourable to the party that did not write the contract. That is usually the employer in the case
of employment contracts.
Sources of Employment Contract Terms
Contract terms arise from three sources:
- Expressed Contract Terms
o Written contract signed by both parties
o Can be agreed to orally
o If it ist itte do, thee a e a dispute as to hat the ageeet as ad ould
have to go to trial
o This should be the first thing to look it when it comes to confusion or questions that
need to be answered
- Ancillary Contract Terms
o Found in secondary documents
o Handbooks, manuals, rules
o Are they part of the employment contract? If the ase is o, the thee ot legall
enforceable. The main thing you should find out is the legal significance of these
documents.
- Implied Contract Terms (Chapter 9)
o Read into contracts by judges based on situation
o Fill voids in contract
o The judge makes this part of the contract.
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