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12 - Fundamental obligations

Published online by Cambridge University Press:  17 November 2010

Douglas Brodie
Affiliation:
University of Edinburgh
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Summary

Enterprise liability has the potential to have a significant impact on the obligations which govern the relations of employer and employee; so far it has not done so. Should it do so we might expect to see changes in the way that risk is allocated between the parties to the employment relationship (as discussed in Chapters 8, 9 and 10). Despite this the common law of employment has evolved very considerably in recent years and displayed far greater recognition of the interests of employees. Through the medium of the employment contract rather than the law of tort, the courts in all the jurisdictions under review have, through mechanisms such as implied terms, strengthened the rights of employees. The philosophical imperative has not been tort law's vision of enterprise liability. Instead a different conception of corporate responsibility has been arrived at through a judicial articulation of the key values which underpin the employment relationship. It is now judicially recognised that: ‘Work is one of the most fundamental aspects in a person's life, providing the individual with a means of financial support and, as importantly, a contributory role in society. A person's employment is an essential component of his or her identity, self worth and emotional well-being.’ It follows from this that it is hugely important that the obligations of the employment contract serve to promote the dignity of the employee and ensure he/she is treated with respect.

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Publisher: Cambridge University Press
Print publication year: 2010

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  • Fundamental obligations
  • Douglas Brodie, University of Edinburgh
  • Book: Enterprise Liability and the Common Law
  • Online publication: 17 November 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511778711.013
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  • Fundamental obligations
  • Douglas Brodie, University of Edinburgh
  • Book: Enterprise Liability and the Common Law
  • Online publication: 17 November 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511778711.013
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Fundamental obligations
  • Douglas Brodie, University of Edinburgh
  • Book: Enterprise Liability and the Common Law
  • Online publication: 17 November 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511778711.013
Available formats
×