Women And Young People Are Offered Certain Protection In The Workplace

7 Pages 1719 Words

A CONTRACT OF EMPLOYMENT is a contract between an employer and an employee, which should be in writing, and should carry certain elements of a basic contract. There must be an offer, an acceptance; intention to create legal relations; consideration; capacity and the objects of the contract must be legal.

An offer is a promise, which is capable of acceptance, to be bound on particular terms. The offer sets out the terms upon which the offeror is willing to enter into contractual relations with the offeree. In order to form a binding agreement, the acceptance must correspond with the terms of the offer. The general rule is that acceptance must be communicated to the offeror. Exceptions are where – the offeror has waived the right to receive communication, or acceptance is through the postal service.

The law courts will only enforce those agreements which the parties intended to have legal effect. In commercial and business agreements there is a rebuttal presumption that the parties intend to create legal relations. However, agreements between employers and trade unions, although commercial in nature, are deemed as gentlemen agreements, and are presumed not to give rise to legal relations.

Consideration is provided either at the time of the creation of a contract or at a later date. It consists of “some benefit” to the promisor or detriment to the promisee, and must be sufficient but need not be adequate. The courts will not enquire into the economics of a transaction as long as some consideration is provided.

The parties in a contract must have the capacity to enter into a legal, binding agreement. Thus, persons must be over the age of 18 years, must be of sound mind and have the skill and experience necessary to carry out the job. Therefore, if a persons who purports to be able to do a particular job and then cannot, would be in breach of the contract.

The objects of the contract must be legal and must not...