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Legal Terms - employment contract (service contract)
an agreement whereby an individual consents to perform specific tasks under the guidance and supervision of their employer in exchange for a predetermined wage or income. The Employment Rights Act 1996 (as modified) requires that the employee receive a written *statement of terms of employment no later than the commencement of employment (formerly no later than two months after the beginning of employment), even though the contract need not be in writing. Every employment contract contains implied obligations about mutual confidence and trust, employer protection from harm and health risks, and employee performance of the highest caliber. Self-employed individuals do not have the same statutory rights as employees who have worked continuously for a minimum amount of time in the same firm. These rights include those related to *unfair dismissal and *redundancy. When someone is employed under a service contract, they are considered self-employed because they are not subject to the employer's direction or control regarding how, when, or where they work. Instead, they owe their employer or customer nothing more than to perform the assigned work in line with the terms of the contract.
When an employment contract is terminated in violation of its terms, it is considered *wrongful dismissal and can be resolved through an employment tribunal, the county court, or the High Court. According to Horkulak v. Cantor Fitzgerald International [2004] EWCA Civ 1287, the court in such a case is only concerned with compensating for the breach of contractual conditions, not with ensuring "fairness." Employees are typically urged to attempt conciliation with their employer before filing a claim for breach, as an alternative to going to court. This procedure is typically supervised by the *Advisory Conciliation and Arbitration Service (ACAS).
an agreement whereby an individual consents to perform specific tasks under the guidance and supervision of their employer in exchange for a predetermined wage or income. The Employment Rights Act 1996 (as modified) requires that the employee receive a written *statement of terms of employment no later than the commencement of employment (formerly no later than two months after the beginning of employment), even though the contract need not be in writing. Every employment contract contains implied obligations about mutual confidence and trust, employer protection from harm and health risks, and employee performance of the highest caliber. Self-employed individuals do not have the same statutory rights as employees who have worked continuously for a minimum amount of time in the same firm. These rights include those related to *unfair dismissal and *redundancy. When someone is employed under a service contract, they are considered self-employed because they are not subject to the employer's direction or control regarding how, when, or where they work. Instead, they owe their employer or customer nothing more than to perform the assigned work in line with the terms of the contract.
When an employment contract is terminated in violation of its terms, it is considered *wrongful dismissal and can be resolved through an employment tribunal, the county court, or the High Court. According to Horkulak v. Cantor Fitzgerald International [2004] EWCA Civ 1287, the court in such a case is only concerned with compensating for the breach of contractual conditions, not with ensuring "fairness." Employees are typically urged to attempt conciliation with their employer before filing a claim for breach, as an alternative to going to court. This procedure is typically supervised by the *Advisory Conciliation and Arbitration Service (ACAS).
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Legal Terms - contract: A bound legal arrangement.
An agreement results from *offer and *acceptance, but in order for an agreement to be enforceable, a few more conditions must be met.
1. Unless the transaction is by deed, consideration is required.
2. To establish legal relations, the parties must *intentionally* do so. This clause typically serves to keep a purely social or domestic agreement from qualifying as a contract (see also HONOUR CLAUSE).
3. *Capacity to contract must exist between the parties.
4. Any formal legal requirements must be met by the agreement. Generally speaking, a legitimate contract can be created without any specific formality. Oral, written, partially written, partially oral, or even inferred from behavior are all possible forms. However, some transactions can only be considered legitimate if they are carried out through a deed (such as the transfer of shares in British ships) or in writing (such as promissory notes, contracts for the sale of land interests, and assurances that are only legally enforceable if they are supported by written documentation).
5. Even though they are legal, some contracts have the potential to be revoked by one of the parties for reasons including deception or the use of undue influence.
employment contract (service contract) an agreement whereby an individual consents to perform specific tasks under the guidance and supervision of their employer in exchange for a predetermined wage or income. The Employment Rights Act 1996 (as modified) requires that the employee get a written *statement of terms of employment no later than the commencement of employment (formerly no later than two years), even though the contract need not be in writing.
Legality is required.
6. Neither a common-law or statutory rule nor an intrinsic flaw, like an operational error, may render the agreement void.
An agreement results from *offer and *acceptance, but in order for an agreement to be enforceable, a few more conditions must be met.
1. Unless the transaction is by deed, consideration is required.
2. To establish legal relations, the parties must *intentionally* do so. This clause typically serves to keep a purely social or domestic agreement from qualifying as a contract (see also HONOUR CLAUSE).
3. *Capacity to contract must exist between the parties.
4. Any formal legal requirements must be met by the agreement. Generally speaking, a legitimate contract can be created without any specific formality. Oral, written, partially written, partially oral, or even inferred from behavior are all possible forms. However, some transactions can only be considered legitimate if they are carried out through a deed (such as the transfer of shares in British ships) or in writing (such as promissory notes, contracts for the sale of land interests, and assurances that are only legally enforceable if they are supported by written documentation).
5. Even though they are legal, some contracts have the potential to be revoked by one of the parties for reasons including deception or the use of undue influence.
employment contract (service contract) an agreement whereby an individual consents to perform specific tasks under the guidance and supervision of their employer in exchange for a predetermined wage or income. The Employment Rights Act 1996 (as modified) requires that the employee get a written *statement of terms of employment no later than the commencement of employment (formerly no later than two years), even though the contract need not be in writing.
Legality is required.
6. Neither a common-law or statutory rule nor an intrinsic flaw, like an operational error, may render the agreement void.
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Legal Terms - contract of record
A judgment or recognizance enrolled in the record of the proceedings of a *court of record, implying a debt that arises from the entry on the record and not from any agreement between the parties.
A judgment or recognizance enrolled in the record of the proceedings of a *court of record, implying a debt that arises from the entry on the record and not from any agreement between the parties.
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Legal Terms - contractual tenancy
According to Brunton v. London and Quadrant Housing Trust [2000] 1 AC 406 (HL), a *lease or tenancy that grants the tenant exclusive possession for a term at a rent against the landlord, but that does not create the legal estate of *term of years absolute because the landlord lacks the capacity to create such an estate.
According to Brunton v. London and Quadrant Housing Trust [2000] 1 AC 406 (HL), a *lease or tenancy that grants the tenant exclusive possession for a term at a rent against the landlord, but that does not create the legal estate of *term of years absolute because the landlord lacks the capacity to create such an estate.
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Legal Terms – Contra proferentem
[Latin: against the one putting it forth] the rule that drafters should be held accountable for any ambiguity in their documents. This canon of construction is based on the idea that the person creating the document is capable of avoiding ambiguities in the process of composing it. When interpreting alleged exclusion or limitation of liability clauses in contracts, courts frequently use it. The court will therefore interpret such a phrase very narrowly. According to White v. John Warwick & Co Ltd [1953] 1 WLR 1285 (Ch), the defendant will have been judged to have failed to adequately exclude his obligation in law if it does not apply to the precise circumstances that occurred. But it should be noted that the Court of Appeal argued that the rule should not be applied restrictively to business contracts in Persimmon Homes Ltd v. Ove Arup & Partners Ltd [2017] EWCA Civ 373. According to the court, sophisticated commercial parties are free to divide risks among themselves as they see right, and contractual construction standards should not be allowed to obstruct business common sense or the parties' intended meaning of their language.
[Latin: against the one putting it forth] the rule that drafters should be held accountable for any ambiguity in their documents. This canon of construction is based on the idea that the person creating the document is capable of avoiding ambiguities in the process of composing it. When interpreting alleged exclusion or limitation of liability clauses in contracts, courts frequently use it. The court will therefore interpret such a phrase very narrowly. According to White v. John Warwick & Co Ltd [1953] 1 WLR 1285 (Ch), the defendant will have been judged to have failed to adequately exclude his obligation in law if it does not apply to the precise circumstances that occurred. But it should be noted that the Court of Appeal argued that the rule should not be applied restrictively to business contracts in Persimmon Homes Ltd v. Ove Arup & Partners Ltd [2017] EWCA Civ 373. According to the court, sophisticated commercial parties are free to divide risks among themselves as they see right, and contractual construction standards should not be allowed to obstruct business common sense or the parties' intended meaning of their language.
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Legal Terms -continuous bail
In contrast to a directive to appear at the conclusion of a predetermined period of custody, bail granted by a magistrates' court requires the accused to appear at any time and location to which the proceedings may occasionally be adjourned (Bail Act 1976; Magistrates’ Courts Act 1980 § 128).
In contrast to a directive to appear at the conclusion of a predetermined period of custody, bail granted by a magistrates' court requires the accused to appear at any time and location to which the proceedings may occasionally be adjourned (Bail Act 1976; Magistrates’ Courts Act 1980 § 128).
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Legal Terms - continuous employment
The duration of an individual's employment in the same company. Employees may only be entitled to certain statutory remedies under the Employment Rights Act of 1996 if they have worked consistently for the same employer for the necessary (minimum) lengths of time. If employment started after April 2012, the minimum duration of continuous employment required to file a *unfair dismissal action is two years, unless the basis for the termination is automatically unfair and inadmissible, in which case there is no minimum period. When an employee is fired due to their political opinions, there is no set minimum term that must pass; nonetheless, the employer may attempt to defend the dismissal by arguing that it was reasonable. Employees are entitled to statutory redundancy benefits and *guarantee payments after two years and one month, respectively, of continuous employment. The
The length of an employee's continuous employment with the company determines the statutory minimum notice period that must be given in order to terminate their contract. The duration of the employee's continuous employment with both the previous and the new employer is taken into account for determining the total when a business transfers ownership while continuing as a going concern.The minimal notice to which an employee was legally entitled is added to the actual duration of employment when determining whether or not they have worked the requisite continuous period of time, in the event that they are unjustly fired without cause. The same regulations that apply to full-time employees also apply to part-time workers.
Strike periods are not counted against an employee's overall period of continuous work; rather, they are eliminated from it. When a woman exercises her right to return to work after being away due to pregnancy or childbirth, continuity is not disrupted.
The duration of an individual's employment in the same company. Employees may only be entitled to certain statutory remedies under the Employment Rights Act of 1996 if they have worked consistently for the same employer for the necessary (minimum) lengths of time. If employment started after April 2012, the minimum duration of continuous employment required to file a *unfair dismissal action is two years, unless the basis for the termination is automatically unfair and inadmissible, in which case there is no minimum period. When an employee is fired due to their political opinions, there is no set minimum term that must pass; nonetheless, the employer may attempt to defend the dismissal by arguing that it was reasonable. Employees are entitled to statutory redundancy benefits and *guarantee payments after two years and one month, respectively, of continuous employment. The
The length of an employee's continuous employment with the company determines the statutory minimum notice period that must be given in order to terminate their contract. The duration of the employee's continuous employment with both the previous and the new employer is taken into account for determining the total when a business transfers ownership while continuing as a going concern.The minimal notice to which an employee was legally entitled is added to the actual duration of employment when determining whether or not they have worked the requisite continuous period of time, in the event that they are unjustly fired without cause. The same regulations that apply to full-time employees also apply to part-time workers.
Strike periods are not counted against an employee's overall period of continuous work; rather, they are eliminated from it. When a woman exercises her right to return to work after being away due to pregnancy or childbirth, continuity is not disrupted.
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Legal Terms -contentious business
business of a solicitor in disputes between the parties, particularly in litigation. Given that various regulations apply to contentious and noncontentious costs, it is significant in respect to *costs.
business of a solicitor in disputes between the parties, particularly in litigation. Given that various regulations apply to contentious and noncontentious costs, it is significant in respect to *costs.
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Legal Terms -contentious probate
business contested court applications concerning the legality of wills and the management of estates.
business contested court applications concerning the legality of wills and the management of estates.
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Legal Terms - continental shelf
the earth and seabed that are outside of a maritime state's territorial seas but close to its coast. The extent of the shelf is restricted by the 1958 Geneva Convention on the Continental Shelf to waters that are less than 200 meters deep or, if that threshold is reached, to waters that are deep enough to allow for the exploitation of the seabed's natural resources. Exclusive sovereign rights to exploit natural resources and immobile species on the continental shelf are guaranteed to the coastal state, so long as there is no unjustifiable disruption to scientific study, fishing, or navigation. In certain situations, the continental shelf is extended by the 1982 Conference on the Law of the Sea to a distance of 200 nautical miles from the baselines surrounding the shore, which are used to calculate the territorial sea's width. Additionally, it establishes specific guidelines for dividing the continental shelf between states with neighboring or opposing coastlines, although it does not establish legal guidelines for this process. A rock does not have a continental shelf if it cannot support human habitation.
the earth and seabed that are outside of a maritime state's territorial seas but close to its coast. The extent of the shelf is restricted by the 1958 Geneva Convention on the Continental Shelf to waters that are less than 200 meters deep or, if that threshold is reached, to waters that are deep enough to allow for the exploitation of the seabed's natural resources. Exclusive sovereign rights to exploit natural resources and immobile species on the continental shelf are guaranteed to the coastal state, so long as there is no unjustifiable disruption to scientific study, fishing, or navigation. In certain situations, the continental shelf is extended by the 1982 Conference on the Law of the Sea to a distance of 200 nautical miles from the baselines surrounding the shore, which are used to calculate the territorial sea's width. Additionally, it establishes specific guidelines for dividing the continental shelf between states with neighboring or opposing coastlines, although it does not establish legal guidelines for this process. A rock does not have a continental shelf if it cannot support human habitation.
