HRM 3420 Lecture Notes - Lecture 5: Unconscionability, Reasonable Person, Wrongful Dismissal
Document Summary
In-class assignment: skipped, ancillary- sometimes a contract refers to another book (handbook, benefits package). Expressed- terms that are written down or agreed to orally. Implied- terms that are read into the contract by judges to fill voids in expressed contract terms: non-disclosure: keep the secret, non-solicitation: don"t steal my clients, non- competition: don"t compete with me. They have to be reasonable: (cid:498)at will(cid:499) contract means that either party can terminate the contract for no you"re hiring for a certain job, once you finish it you"re done. Fixed-task clause: included in the contract: if they are too broad they will not be enforceable. Just because something isn"t written down doesn"t mean it is not enforceable. How do we know if an implied term exists? because it is obvious that you cannot do that: there is a test, any word in the contract will over power and contradicting terms.