HRM 3420 Study Guide - Midterm Guide: Richmond, British Columbia, Kurdistan Regional Government, Inequality Of Bargaining Power

• School: York University
• Department: Human Resources Management
• Course: HRM 3420
• Professor: Chris Sweeney

Document Summary

Explain the branches of the common law that affect employment. The two branches of common law that affect employment are contract law and tort law. Fundamental to employment law because the legal relationship between an employer and a non-union employee is contractual. General principles of contract law determines whether an employee-employer relationship exists and what remedies apply to a breach of the employment agreement. Three elements are needed in order to have a contract: offer, acceptance, consideration. Signing a contract must be voluntary or intentional. The parties signing the contract must be at the age of majority and must have the mental capacity to understand the significance of the contract and the items that are being dealt with in the contract. Also, they must be able to understand the legal ramifications that could come if the contract is breached. A wrong for which there is a legal remedy. A branch of civil law (non-criminal law)