Negligent Misrep & Disclaimer
Negligent Misrepresentation: Defence of the Disclaimer Clause A review of the test for a negligent misrepresentation claim may be read here. Cognos & Disclaimer Clause Queen v Cognos is the…
Mistake and Rectification
Home › Contracts ›Mistake & Rectification of the Employment Contract Mistake & Rectification of the Employment Contract This argument is distinct from unconscionability as reviewed above. Rectification is an unusual…
Equitable Defences to the Contract
Home › Contracts ›Equitable Defences to the Contract Equitable Defences to the Contract The resort to the defence of equitable pleas of unconscionability, undue influence and duress are usually hallmarks…
Duress
Home › Contracts ›Duress Duress The essential difference between duress and unconscionability is that duress looks to determine whether the consent was freely given, whereas the latter is founded in…
Undue Influence
Home › Contracts ›Undue Influence Undue Influence An argument of undue influence, a remedy in equity as is the plea of unconscionability, looks to the issue of the consent to…
Unconscionable Contract
Home › Contracts ›Unconscionable Contract Unconscionable Contract An Equitable Remedy Relief from a contractual term that is unconscionable is founded in equity. Cases succeeding in an employment context are rare.…
Defining Just Cause
Home › Contracts ›Defining Just Cause Defining Just Cause Many agreements define the standard of just cause to terminate as exists at common law. Others may require that written notice…
Stock Options & Termination Clause
Home › Contracts ›Stock Options & The Termination Clause Stock Options & The Termination Clause Stock Options The creation of clear and precise language is very important with respect to…
Medical Reasons to Terminate Contract Clause
Home › Contracts ›Medical Reasons to Terminate Contract Clause Medical Reasons to Terminate Contract Clause Many agreements have included clauses which purport to give to the employer the right to…
Agreement on Jurisdiction
Home › Contracts ›Agreement as to Jurisdiction Agreement as to Jurisdiction It is accepted that the two parties may agree to choose the law which governs the employment relationship. This…