LAW 529 Study Guide - Midterm Guide: Fiduciary, Non-Compete Clause
17 Oct 2016
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Comprised of written terms, statutory rights and obligations, as well as common law. Requires offer, acceptance, consideration and mutual intention. Offer letter position, start date, salary. Enhanced offer letter termination provision, restrictive covenant. Reduces uncertainty case} interests of the employer {robb v green, 1895}. Disadvantages of a written employment contract: their minds to the issue; deemed part of the contract. Implied terms what terms the parties would have likely agreed on had they put. Common law principle of good faith employee must act in the best. Common law principle of confidentiality employee is not to use or disclose to others the employer"s private/confidential information: exception bona fide employer-related purposes. Rejection: the corporation did not reject the opportunity. Job description setting out the job duties. Contract must abide by the relevant statutes but is not required (and should not) provide for future pay increases. Term must state a specified period or it will be interpreted to be indefinite.
