University:
University College London
Course:
LAWS0017 | Employment Law
Academic year:

2024
Views:

169

Pages:

2
Author:

Nam B.

The Formation Of The Contract Of Employment Date: March 28, 2025 Offer And Acceptance - There must be an offer and acceptance. Employer should make a clear job offer for which the employee should accept unconditionally. - The Job offer must contain the terms of the contract or indicate where the terms of contract may be found. - Offer terms; • - Position, duration, remuneration, working hours, holidays, and benefits Employee should communicate acceptance of the job offer either orally or in writing. No particular form is required, the contract may be oral, or in writing. Consideration - Refers to something of value that is exchanged between employee and employer that make the contract legally binding. - The job, salary, promotions and benefits are all considered as consideration. - Employer's offer a job and promise to pay the agreed wages in return for the employee's promise to perform a particular task - Consideration ensures that both parties have something to gain from the employment contract. Capacity - Contractual capacity refers to the legal ability of an individual or entity to enter into a legally binding contract. - Contractual capacity protects the vulnerable parties. - Protection is given to minors, women, disabled persons and ethnic minorities. - The restriction are according to law under both common law and statute. - E.g. there is a minimum age for employment in every country Legality - A contract of employment must not be tainted with illegality. - E.g. a contract to murder people, selling and distributing controlled substances(drugs). - If contact is illegal, courts regard contract as void and therefore unenforceable Serious Intention To Contract - The parties must seriously intend to contract (animus contrahendi) - Employee must be willing to work as required by employer, while employer must be willing to pay.