LAW 529 Study Guide - Final Guide: Imperial Bank Of Canada, The Employer
7 Nov 2017
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When the contract expressly deals with contract modifications party can unilaterally modify a contract. Competing interests: flexibility vs predictability and stability. Parties of contract can define mid-term modifications. Contracts usually require both parties to agree to change. Contracts may include a clause permitting employer to unilaterally amend terms. Employers rarely include terms that allow them to unilaterally amend contract. Table 10. 1 - the modification of employment contracts. When the contract does not expressly deals with contract modifications (extended from above table: when the employer agrees to the modification i) ii) iii) iv) v) vi) i) Francis v. canadian imperial bank of commerce (p 127) Courts require that something of value flow to both parties that they were not already entitled to under original contract. Courts protect employee vulnerability and lack of bargaining power. Continuing to employ staff after modification is not new consideration.
