The court also states, however, that a franchisor can exclude such implied obligations by way of
express contractual language.
Nothing short of «
express contractual language unambiguously delegating the question of arbitrability to the arbitrator....
In Canada, it has been established since at least 1936 that employment contracts for an indefinite period require the employer, absent
express contractual language to the contrary, to give reasonable notice of an intention to terminate the contract if the dismissal is without cause...
«Although employees may be dismissed without cause,»em ployment contracts for an indefinite period require the employer, absent
express contractual language to the contrary, to give reasonable notice of an intention to terminate the contract if the dismissal is without cause» Reasonable notice allows employees a reasonable period of time to find replacement work.
Not exact matches
The first clause of reg 6 (2) was directed to the
language used in
contractual terms, and it followed that it was concerned with the
express terms and not with whether or not the consumer was likely to understand what terms would be implied into the contract.
In the absence of any specific
contractual language (there was
express language in the agreements at issue in Bertico), the court found the franchisor had an implicit duty, as a result of a duty of good faith and loyalty towards its franchisees, to provide them with technical support and co-operation in a manner that would ensure that the underlying considerations of the franchise agreement remained relevant.
The decision describes Uber as a «modern business phenomenon» with 30,000 drivers in London alone, and details the business structure and the
contractual practices involved with the workers and users,
expressing concern around the
language used and the way forms are imposed.