Waiver of employer's termination right by doctrine of election
A contract creates a legal obligation upon the contracting parties. Generally, a contract may be terminated before completion at common law or by the exercise of express rights set out in the contract itself. Contracts can be brought to an end in a variety of ways, either by performance, agreement,...
Saved in:
| Main Author: | |
|---|---|
| Format: | Thesis |
| Language: | English |
| Published: |
2019
|
| Subjects: | |
| Online Access: | http://eprints.utm.my/id/eprint/92729/1/ChinYongLingMFABU2019.pdf |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| id |
my-utm-ep.92729 |
|---|---|
| record_format |
uketd_dc |
| spelling |
my-utm-ep.927292021-10-28T10:25:23Z Waiver of employer's termination right by doctrine of election 2019 Chin, Yong Ling TH434-437 Quantity surveying A contract creates a legal obligation upon the contracting parties. Generally, a contract may be terminated before completion at common law or by the exercise of express rights set out in the contract itself. Contracts can be brought to an end in a variety of ways, either by performance, agreement, frustration or by breach. Under common law, the innocent party can terminate the contract by the operation of law when a party intimates by words or conducts that he does not intend to honour his obligations or when the guilty party commits breach so serious that evinces its intention not to perform. However, a repudiation of contract does not automatically terminate the innocent party’s obligations under the contract. The innocent party has choices between the right to continue the contract or to accept the repudiation of the guilty party as terminating the contract. In legal terminology the choice is known as “election”. In order for the doctrine of election to operate effectively, there are certain essential elements and conditions to be fulfilled. If an election is not done correctly due to certain circumstances, it can be considered as an ineffective election. The employer’s decision to affirm the contract or treat the contract as an end would be challenged. In situation where the employer elects to terminate the contract, it would become a waiver to the employer’s termination right. Therefore, this study focused on the circumstances that are considered as waiver of the employer’s termination right by election. From the result of this research, it can be concluded that the circumstances that may lead the employer to have waive their termination right by election are delay in termination, unequivocal conduct to affirm and affirmation of contract. 2019 Thesis http://eprints.utm.my/id/eprint/92729/ http://eprints.utm.my/id/eprint/92729/1/ChinYongLingMFABU2019.pdf application/pdf en public http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:131550 masters Universiti Teknologi Malaysia, Faculty of Built Environment and Surveying Faculty of Built Environment and Surveying |
| institution |
Universiti Teknologi Malaysia |
| collection |
UTM Institutional Repository |
| language |
English |
| topic |
TH434-437 Quantity surveying |
| spellingShingle |
TH434-437 Quantity surveying Chin, Yong Ling Waiver of employer's termination right by doctrine of election |
| description |
A contract creates a legal obligation upon the contracting parties. Generally, a contract may be terminated before completion at common law or by the exercise of express rights set out in the contract itself. Contracts can be brought to an end in a variety of ways, either by performance, agreement, frustration or by breach. Under common law, the innocent party can terminate the contract by the operation of law when a party intimates by words or conducts that he does not intend to honour his obligations or when the guilty party commits breach so serious that evinces its intention not to perform. However, a repudiation of contract does not automatically terminate the innocent party’s obligations under the contract. The innocent party has choices between the right to continue the contract or to accept the repudiation of the guilty party as terminating the contract. In legal terminology the choice is known as “election”. In order for the doctrine of election to operate effectively, there are certain essential elements and conditions to be fulfilled. If an election is not done correctly due to certain circumstances, it can be considered as an ineffective election. The employer’s decision to affirm the contract or treat the contract as an end would be challenged. In situation where the employer elects to terminate the contract, it would become a waiver to the employer’s termination right. Therefore, this study focused on the circumstances that are considered as waiver of the employer’s termination right by election. From the result of this research, it can be concluded that the circumstances that may lead the employer to have waive their termination right by election are delay in termination, unequivocal conduct to affirm and affirmation of contract. |
| format |
Thesis |
| qualification_level |
Master's degree |
| author |
Chin, Yong Ling |
| author_facet |
Chin, Yong Ling |
| author_sort |
Chin, Yong Ling |
| title |
Waiver of employer's termination right by doctrine of election |
| title_short |
Waiver of employer's termination right by doctrine of election |
| title_full |
Waiver of employer's termination right by doctrine of election |
| title_fullStr |
Waiver of employer's termination right by doctrine of election |
| title_full_unstemmed |
Waiver of employer's termination right by doctrine of election |
| title_sort |
waiver of employer's termination right by doctrine of election |
| granting_institution |
Universiti Teknologi Malaysia, Faculty of Built Environment and Surveying |
| granting_department |
Faculty of Built Environment and Surveying |
| publishDate |
2019 |
| url |
http://eprints.utm.my/id/eprint/92729/1/ChinYongLingMFABU2019.pdf |
| _version_ |
1747818606216871936 |