BU231 Chapter Notes - Chapter 18: Wrongful Dismissal
Document Summary
Not all employees are agents (i. e. entry level novice has no business entering into contracts) Independent contractors are not employees: ics take on their own liabiliies when working on a project. Employer-employee relaionship carries responsibiliies about: employer"s liability to 3rd paries, noice required to terminate, reasons for terminaion without noice, assessment of damages for wrongful dismissal. Liability in contract: promisor also remains liable for saisfactory performance (i. e. construcion company subcontracing a company to put steel beams up) Liability in tort: employer is liable for employees wrongful act even if the act is forbidden as long as the employee commited the tort while at work. Express term of the contract: i. e. employee is hired for 12 months. Implied term of reasonable noice: a warning before you let someone go. Dismissal for cause employee breached the contract, therefore the employer was allowed to terminate without noice (i. e. major breach allows the non-breaching party to discharge themselves from performance)
