Employment/labour law

When clearly articulated by the parties on a certain written or oral agreement, the contractual terms are said to be express and bind the parties to the extent of their reasonable provisions. In cases where the express terms are enforceable, the parties must come to an agreement either prior to or at the contracting time and conclude their agreement2. Express terms are easily identified by evidence of the contractual parties consent prior to or at conclusion of the contract. Examples of express terms include written terms which are formulated and designed in form of a document. Oral concurrence is also considered in express terms to the extent of their reasonableness. Implied contract terms include those terms that are deemed to be enforceable by the law notwithstanding the fact that no clear discussions took place or writing on the same exists. Implication is done at common law or by legislation.
Generally, contractual terms are clearly stipulated in standard contracts, where parties come into concurrence on certain pertinent issues. It is however difficult to contemplate and expressly state all the contingencies in a contract due to intricacies involved in various cases. The operation of the contract would therefore be exposed to loopholes that could alter the rights and obligations on the parties. For justice to prevail, the courts systems reign in and offer directions on problematic contracts having reached a snug on the premise of inadequacy of the express terms.
Employment contracts are sensitive like any other contracts are and the manner in which the terms are considered, especially the controversy surrounding implied terms has been in existence. The application of implied terms in employment contracts is particularly difficult due to the unique nature of the contract. Many contractual parties are unable to determine their obligations and even rights when implied terms of a contract are in contention. But ignorance of the law is no defence as a major