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Human Resources Management
HRM 3420
Chris Sweeney

Dipika  Kapoor  209074683   Assignment # 4 Please provide a short DEFINITION of each term and how it particularly relates to EMPLOYMENT LAW. CONSIDERATION- consideration is anything of value that both parties promise each other while getting into a contract. Under common law, it is necessary for both parties to offer consideration in order for the contract to be binding. Consideration can take the form of services, money, physical objects or anything that can be viewed as beneficial. For example, when someone decides to gift his or her house to a friend, free of cost, completing all legal formalities in writing. The friend may not be able to sue for a breach of contract if the person that gifted the house decides to take it back. The lack of consideration in this example views the contract to be non-existent under common law. Consideration is considered to be an important element of contractual agreements as it protects the right and interest of parties. In the example above, the friend who received the house as a gift, did not essentially lose anything when the gift is taken back. Such an agreement is not enforceable in court. Since employment is a contractual agreement, it is necessary for both parties to ensure the presence of consideration in order to make their contract valid. TORT- Torts can often be used as a way to rectify work related disputes among the parties in an employment contract. A tort is a “civil wrong” that unfairly causes harm or loss to someone. Some examples of employment torts could be assault, negligence and defamation. Three  elements  must  be  established  in  every  tort  action.  First,  the   plaintiff  must  establish  that  the  defendant  was  under  a  legal  duty  to  act  in  a   particular  fashion.  Second,  the  plaintiff  must  demonstrate  that  the  defendant   breached  this  duty  by  failing  to  conform  his  or  her  behavior  accordingly.  Third,  the   plaintiff  must  prove  that  he  suffered  injury  or  loss  as  a  direct  result  of  the   defendant's  breach.  Unlike  actions  for  breach  of  contract,  tort  actions  are  not   dependent  upon  an  agreement  between  the  parties  to  a  lawsuit. REASONABLE NOTICE- In  employment  contracts  of  an  indefinite  nature  (that  is,   not  “fixed-­‐term”  contracts),  the  right  to  reasonable  notice  is  an  implied  term.  An   employee  who  has  been  continuously  employed  for  three  months  or  more  
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