Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Discussion of the Development and Significance of the Implied Duty of Mutual Trust and Confidence - Essay Example

Comments (0) Cite this document
Discussion of the Development and Significance of the Implied Duty of Mutual Trust and Confidence Name: Course: Tutor: Date: 2211 words Overview In an employment contract, the employer subjected to the implied term of mutual trust and confidence. This forms part of the obligations of the employer1…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.9% of users find it useful
Discussion of the Development and Significance of the Implied Duty of Mutual Trust and Confidence
Read TextPreview

Extract of sample "Discussion of the Development and Significance of the Implied Duty of Mutual Trust and Confidence"

Download file to see previous pages It is the most powerful rule in the modern law of employment contracts. It has thus formed the pillar of the legal construction of employment contacts. The implied duty has formed part of the law of the contract of employment for over 70 years2. It has established as a duty used, by courts, to compel the employers to conduct themselves carefully. This essay focuses on the development and Significance of the Implied Duty of Mutual Trust and Confidence. It will also consider juridical nature, content and wide duty of trust and confidence. Implied Terms in the Contract of Employment The implied terms enable the courts to achieve justice between the employer and the employee. These terms apply using the ‘officious bystander’ test or using the law test. In the officious Bystander’ Test, the courts do not depend on the statutory requirement3. It implies terms which haves not been expressly agreed by the parties. A case law applies in the Moorcock case six. While the parties bargained, the bystanders suppressed the whole thing saying, ‘Oh, of course’. Terms Implied by Law apply in cases where a contractual term implied on the basis and not on the intention of the parties4. They depend on the nature of the contract. This applied in Becton, Dickinson Ltd v Lee 10. The Court held that an implied term read into every contract of employment on conditions of notices of termination’ the notices should allow adequate time to terminate the contract. In either case when determining the judgments the ruling authority influenced by the express and implied contractual terms agreed by the parties. The case of Courthaulds Northern Textiles Ltd in the late 1970’s implied a duty formulated. Employers should not behave in a way likely to damage the trust and confidence between the parties. The House of Lords, however, rejected the decision and asked a consideration in the case in which an employer was conducting a corrupt and fraud business. The plaintiffs in that case had not been involved in the corruption but suffered financial losses and harm to their reputations. Their employment terminated for redundancy as the bank liquidities due to corruption and dishonest allegations. The plaintiffs declared how difficult it was for them to find other jobs. This was not their wrong doing anyway but due to the implied term of confidence. They sought ways to recover their losses without success. Their reputations damaged especially in the financing sector. The House of Lords said that the employer’s conduct was a breach of duty to ensure trust and confidence, which affected an employee’s future employment prospects. Lord Nicholls and Lord Steyn said that if one agrees to work with an employer, them cases of dishonest and fraud not tolerated. In case one found guilty of such cases then, he or she dismissed immediately. A breach of this term characterized with a reputation that leads employees into resigning or terminating their contract. Employees rely, on the implied term of mutual trust and confidence, to get greater damages than those traditionally available for breach of contract5. In Addis v Gramophone Co Ltd23, the House of Lords said that the employee could not recover damages if dismissed for wrong behaviors as theft or corruption. The Chief Justice, Kennedy, objected and said that breach of contract damages given to cover up disappointment of mind and humiliation and the fact of the possibility of employee’ ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Discussion of the Development and Significance of the Implied Duty of Essay”, n.d.)
Discussion of the Development and Significance of the Implied Duty of Essay. Retrieved from
(Discussion of the Development and Significance of the Implied Duty of Essay)
Discussion of the Development and Significance of the Implied Duty of Essay.
“Discussion of the Development and Significance of the Implied Duty of Essay”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Discussion of the Development and Significance of the Implied Duty of Mutual Trust and Confidence

Moffetts Concept of Trust

Several formalities have been associated with the development of the trust, most of which have been formulated with the intent to prevent fraud and misappropriation in the transfer of property, especially from the point of view of payment of taxes, stamp duties and such related fees for the capital wealth. While trust law is said to be administered based on principles of equity, the reality has been quite different and the results of adjudication in trust disputes have been primarily ad hoc, conditioned from a financial perspective rather than to establish any distinct equitable principles. In fact, the law of formalities has created inflexibility in some cases and there have been instances where the interests of beneficiaries hav...
13 Pages(3250 words)Research Paper

Comparison of Constructive Trust with the Remedy of Restitution under the Common Law

When trying to locate the property loss because of a transfer made under a breach of trust, there are certain issues that need to be taken into account. At the first level, the remedies available by the relevant legal texts tend to differentiate not only regarding their requirements but also their level of protection provided. On the other hand, the application of the rules of common law instead of the ones of equity has to be considered thoroughly and the party that suffered the damage has to evaluate all the parameters regarding his choice as each of the above legal paths has its own advantages. From a general point of view, it has been stated that ‘a person who confers a benefit, normally a money payment, under a mistake,...
12 Pages(3000 words)Case Study

Description of Two Established Personality Assessment Tools: Discussion of Strengths and Weaknesses

The Thematic Apperception Test (TAT) was developed in the 1930s by Harvard University psychiatrist Henry A. Murray and university student Christiana Morgan in the pursuit of identifying personality characteristics and unconscious human desires (Bosshardt, 2004). TAT assessments generally consist of 31 different cards in which varying ambiguous illustrations and photos are displayed, asking participants to respond to their interpretations of what is occurring within each visual image. Internal conflicts or motivational desires are generally projected by participants who are exposed to TAT assessments, allowing psychologists to determine the personality constructs of individuals.

The Sensation Seeking Scale (SSS) was deve...
6 Pages(1500 words)Term Paper

A Systematic Approach to Training and Development In Organic Juice Bar

 Prior to the discussion of training needs assessment, I would discuss several issues in the human resources management process that determine why training is important.
Daft and Fitzgerald (1992) indicate that in order to manage an organization effectively in a competitive environment, planning for human resources strategy requires several factors several external factors to be considered.

1. Attract an effective workforce. This includes planning on the number of employees required, job analysis or what types of jobs should be conducted or jobs associated with the types of business, forecasting future recruitment, recruiting because good employees need to be recruited, and selecting.
As stated by Daft an...
9 Pages(2250 words)Case Study

Information Systems Development Process

When a project has an obvious objective to be attained and the effort is very small, common sense and attention to what the client wants can be a suitable alternative to more complicated and formal methods. However, when the software system becomes more complex, the objectives are multiplied and start to depend on different configurations and circumstances, it becomes imperative to structure the development effort to avoid software development that does not answer the clients need, or does not have the requisite level of quality, or becomes impossible to forecast in terms of time and budget – or a combination of any of the preceding.

In situations of complexity in software development, structure methods seek to im...
13 Pages(3250 words)Assignment

The Development of a Single Global Culture Will Benefit Humankind

Social relations show spatial transformation across the world, encompassing both the hazardous and beneficial effects of globalization (Held,2000) and are marked by the intensification of communication flows (Cochrane and Paine, 2004). Such flows as an increase in broadcast activities, satellite channels, Internet, telephony, people to people contact, migration, and proliferation of transnational companies are playing an important role in the development of a single global culture. There is an emergence of diasporic and shared cultural forms across the world that are aided by increasingly porous national boundaries.

According to Cochrane and Paine (2004), the lives of people in one part of the world are affected by even...
6 Pages(1500 words)Coursework

Leadership Development Experience

The nine-month certificate program which I completed at Leadership Institute of South Puget Sound combined academic study on leadership with practical development of leadership skills. Numerous community service activities such as involvement in Employee Community Fund (ECF), being a Child haven volunteer, Christian Center volunteer and a Junior Achievement Consultant have exposed me to situations which made me apply many skills such counseling young people, and motivating them to achieve their full potential, seeking solutions with expansive thinking and application of flexibility and quick responsiveness. My involvement in Christian Center had specially sharpened my crisis management skills by participating in natural disaster m...
13 Pages(3250 words)Assignment

The Role of Mass Media in the Development of Aggression

Despite the fact that longitudinal studies have proven that human aggression is to some extent an unwavering trait, it is undeniable that the environment plays a big role in influence the aforementioned behavior (Slaby & Roedell, 1982). Our daily encounter with the environment is a form of socialization that is defined as the process of integrating within oneself a sense of connection to a larger social world by means of discovering, understanding and adopting the beliefs, values, and norms of culture of other people. To a certain extent, sociologists consider the mass media as a powerful socializing agent as its significance is not constrained to the content alone of the media messages. Instead, it affects how we learn a...
10 Pages(2500 words)Report

The Effect of Democracy on Chinese Development

Any country first needs to go through economic liberalization and political liberalization before finally settling into a stable democratic situation. Democracy should not at any one point be viewed as if it were socialism, but should be seen as a means of promoting economic development through accountability and protection of individual lawful rights and interests...accountability in the sense that the respective leaders are able to fight corruption, enhance social harmony, strengthen public trust and more importantly empower government institutions that are directly in touch with the people (Liu, 2008, p.1-2). Owing to the Chinese well informed and affluent society on top of having a very dynamic economy, the political change wh...
7 Pages(1750 words)Coursework

Principle of Mutual Responsibility of Disclosure

...Critically assess how the courts have both developed and interpreted the duty of disclosure to which both lord Mustill and Mansfield make reference.Duty of disclosure is fundamental to any insurance contract and stems from the principle of utmost good faith expected from both the parties to the insurance contract i.e. the assured and the insurer. The principle of good faith known as “uberrimae fidei” is thrust upon the parties to the insurance contract as the contract is based on speculation. The rule of utmost good faith had been first established by Lord Mansfield in Carter v Boehm 1 long before enactment Marine Insurance Act 1906 as stipulated in section 17. The duty is rather reciprocal as stated both in section 17 as well as by Lord...
6 Pages(1500 words)Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Discussion of the Development and Significance of the Implied Duty of Mutual Trust and Confidence for FREE!

Contact Us