IR take home exam Essay Example | Topics and Well Written Essays - 2500 words

IR take home exam - Essay Example In analysing the case, J. Mason stated that contract terms are agreed before the contract is enforced. However, a lot can change in light of circumstances during the discharge of the contract. In such situations, the court is generally hesitant and cautious about interpreting implied terms because some facts that were not foreseen could be relevant in determining the conduct of parties in the contract. This point of law means that the realities on the ground may make contracts less significant. Mason concedes that contracts with higher degrees of certainty in their terms cover more eventualities. However, since the future cannot be predicted, contracts can be modified significantly as a result of circumstances. In such cases, some important guidelines should be followed to find practical solutions to the issue. Employment contracts are contracts between employers and employees. By their nature, they are also open to uncertainty of interpretation in the future. Employment contracts set out express terms and implied terms. Express terms in employment contracts are the terms that are written or stated clearly by the employer or employee before the contract is signed. They can be found in formal service contracts, letters of appointments or oral negotiations at the time of recruitment. In addition, they may be included in management policy manuals and other written documents setting out how employees are expected to conduct themselves in the workplace. Express terms of employment contracts are often made on the basis of present facts and conditions. In other words, they are made with the best knowledge of both parties at the time of contracting. Hence, both present and foreseeable conditions should be taken into account to ensure the inclusion of all relevant terms conditions and ideas that may influence the employment in the future. However, in reality, situations may arise that were not factored into the initial contract and that may necessitate