Abstract
| Language | English |
|---|---|
| Pages | 346-357 |
| Number of pages | 12 |
| Journal | Industrial Law Journal |
| Volume | 41 |
| Issue number | 3 |
| DOIs | |
| Publication status | Published - Sep 2012 |
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Keywords
- contract termination
- contract of employment
- automatic termination
- elective termination
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The elective and automatic theories of termination at common law : resolving the conundrum? / Cabrelli, David; Zahn, Rebecca.
In: Industrial Law Journal, Vol. 41, No. 3, 09.2012, p. 346-357.Research output: Contribution to journal › Article
TY - JOUR
T1 - The elective and automatic theories of termination at common law
T2 - Industrial Law Journal
AU - Cabrelli, David
AU - Zahn, Rebecca
PY - 2012/9
Y1 - 2012/9
N2 - Under general contractual principles, if one party commits a repudiatory breach of contract, the other party is entitled to either terminate or affirm the contract.1 However, there has been a long-standing debate as to whether the same elective principles apply in relation to the employment contract or whether the law ought to prefer a theory based on automatic termination which posits that one party’s unilateral repudiatory breach operates automatically to bring the contract of employment to an end. Different approaches have been tried and tested in England and Scotland which have resulted in the common law being in an unsatisfactory state as it currently stands. The Supreme Court has the opportunity to bring clarity to this area of the law in the upcoming case of Geys v Société Générale, London Branch which was decided by the Court of Appeal on 30 March 2011.2 Leave to appeal to the Supreme Court was granted on 1 November 2011.
AB - Under general contractual principles, if one party commits a repudiatory breach of contract, the other party is entitled to either terminate or affirm the contract.1 However, there has been a long-standing debate as to whether the same elective principles apply in relation to the employment contract or whether the law ought to prefer a theory based on automatic termination which posits that one party’s unilateral repudiatory breach operates automatically to bring the contract of employment to an end. Different approaches have been tried and tested in England and Scotland which have resulted in the common law being in an unsatisfactory state as it currently stands. The Supreme Court has the opportunity to bring clarity to this area of the law in the upcoming case of Geys v Société Générale, London Branch which was decided by the Court of Appeal on 30 March 2011.2 Leave to appeal to the Supreme Court was granted on 1 November 2011.
KW - contract termination
KW - contract of employment
KW - automatic termination
KW - elective termination
U2 - 10.1093/indlaw/dws024
DO - 10.1093/indlaw/dws024
M3 - Article
VL - 41
SP - 346
EP - 357
JO - Industrial Law Journal
JF - Industrial Law Journal
SN - 0305-9332
IS - 3
ER -