The Law of Contract Essay Example | Topics and Well Written Essays - 2750 words

The Law of Contract - Essay Example It is the incumbent on the employer to prove that the employee's absence or incapacity was of such a nature that further performance of his obligations in the future would be either impossible or a thing radically different from that undertaken by him to perform. The doctrine of frustration applies in the same way when a workman is physically or mentally incapacitated. In such cases, the workman would be entitled to be paid termination benefits under the Regulations 4 of the Employment (Termination And Lay-Off Benefits) Regulation 1980 and all statutory benefits due to him under the relevant legislation. Therefore, illness of an employee may operate to determine the contract if the illness is such as to interfere materially with the proper performance of the contract. On the other hand, a mere temporary illness will not so materially affect the employee's ability give personal service and, therefore, will not entitle the employer to dismiss the employee. The court affirmed that it was only in the case of a very serious sickness which may be considered as an event sufficiently fundamental to frustrate the contract and to give the employer the right to immediately dismiss the employee concerned on the grounds of disability. The incapacity or illness should not be temporary, but it should be serious and prolonged that the employee cannot be expected to perform his duties in the foreseeable future. In such circumstances, the employer has the right to terminate the employee's services. ... which may be considered as an event sufficiently fundamental to frustrate the contract and to give the employer the right to immediately dismiss the employee concerned on the grounds of disability. The incapacity or illness should not be temporary, but it should be serious and prolonged that the employee cannot be expected to perform his duties in the foreseeable future. In such circumstances, the employer has the right to terminate the employee's services. However, terminating the services of any employee while he is still on sick leave is an unfair labour practice. In the case of employee under police detention/custody, it is settled law that detention by police is a reasonable excuse to be absent from work. It is the finding of the court that absence from work due to arrest by police without any fault of the claimant is not misconduct and should not lead to his dismissal by applying provisions of S.13 (2) and S.15 (2) of the Employment Act 1955.In any event simply not being present at work is not per se a frustrating event, especially the time concerned was of short duration. If the company relies on the frustration of contract, it is for the company to establish that the employee's absence was of such duration that further performance of his obligations in the future is impossible. Thus, a contract of service may be frustrated if it is established that the nature of work so performed is critical to the operation of the company and the absence of the employee concerned is of a duration or nature that further performance of his duties under his contract of service in future would be impossible. The critical nature of work performed in relation to company's operational requirements

What are the essential differences between Prometheus(as he is Essay

What are the essential differences between Prometheus(as he is portrayed by Hesiod) and Loki as he appears in Scandinavian myth - Essay Example On the other hand, Loki was malevolent since his intentions were purely to cause suffering to others (Schnurbein, 112). Prometheus was a god of fire, who stole fire and gave it to mankind, an aspect that then brought civilization that was against the will of his family gods, because the god Zeus wanted to obliterate the human race but his plans were destroyed by Prometheus. Therefore, Prometheus was subjected to eternal punishment where the eagle would feed on his liver daily, â€Å"not only for stealing fire, but also for destroying Zeuss plan (Peretti, 194). Loki however applied his intellect in a totally different way. His mischievous intellect even enabled him to sneak his way up to becoming a god when he was not even deserving, and through his malice, he became â€Å"responsible, though indirectly, for the death of deaths of other gods† (Schnurbein, 117). There is little evidence to suggest even that Loki ever stole fire, but there is much evidence to the effect that his malicious ways brought a stir amongst the gods, and he was finally sentenced to punishment which he really deserved. The other essential difference between Prometheus and Loki is in relation to overall effects of their actions. Prometheus overall consequences were beneficial, but Loki’s overall consequences were destructive (Lamberton, 41). This is because; Loki was a selfish and egocentric god, who did not stop at anything to ensure that he succeed in his mischievous ways. Loki sided with his family against the other gods, and he set himself on a path of causing destruction to the other gods, even though little evidence exists to suggest that he deserved to be a god. He pursued his mischievous plans to the end, and saw the destruction that he intended to happen accomplished. Thus, even after being sentenced to imprisonment, his mischief did not end there. He was supported by his wife