The Future of the Employment Contract
本书基于英国、加拿大等国的判例法，探讨了关系合同理论和诚信标准对雇佣合同的影响，并预测了普通法在雇佣领域的未来演变，适合劳动法学者和实务人士参考。
In this thought-provoking book, Douglas Brodie speculates on the possible implications and future evolution of recent judicial developments of the common law of contract for the contract of employment. He mainly relies on the case law of England and Wales and Canada, with some other references to Scotland, Australia and the USA. At the core of the book is a discussion of the impact of relational contract scholarship and the growing judicial use of the standard of good faith in performance of contracts. The book also gives some attention to other topics: employment as a fiduciary relationship (chapter 2), the potential impact of enterprise liability (chapters 3–5), and the relationship between the common law and statute (chapter 12). There is an introductory chapter about ‘judicial values’, and a convenient summary of the predictions of future developments appears in the closing chapter. The work draws on previously published essays, but includes substantial new work. The methodology is almost entirely an analysis of judicial decisions. Reference to the extensive scholarly literature is sparse and then often to the author’s own publications.