EMPLOYMENT AS A RELATIONAL CONTRACT

Professor Hugh Collins, Cassel Chair of Commercial Law, LSE

Summary for this session: Although the contract of employment has often been described as a ‘relational contract’, it has been unclear what legal consequences are attached to that label. Recently, the theory and practice of relational contracts has been explored, elucidated, and applied by the High Court in cases concerning commercial contracts involving the performance of services. A finding that the contract is a relational one strongly indicates the presence of a term implied by law that any discretion or power conferred by a contract….

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