Formation of the employment contract

Original author: Sue Johnstone

Updating author: Zuraida Curtis

Summary

• Job offers can be in writing, be oral or made by conduct. (See The offer)
• The person making the offer should have authority to do so. (See The offer)
• Offers that are subject to conditions are incomplete until the condition is satisfied. (See Conditional offers and references)
• Acceptance must be by a positive act. (See Acceptance and counter offers)
• Promises made during an interview may be legally binding. (See Collateral contracts)
• Each party must get something from the contract - this is "consideration". (See Consideration)
• If the parties intend that the contract shall not be legally binding it cannot be enforced in the courts. (See Intention to create legal relations)
• Mistakes, misrepresentation and illegality all affect the extent to which the contract can be enforced. (See Mistakes, Misrepresentation and Illegality)
• The terms of the contract are fixed when the contract is made. (See Identifying the contract terms)
• Contract terms should be put in writing. (See The importance of written terms)