Chapter 3 Self-test questions

. Which of the following is not a source of express terms?

A written contract.

Words of agreement spoken between the parties.

The statutory statement of particulars.

Documents incorporated by reference.

. Which of the following is not an acceptable theory for the implication of terms not expressed in the contract?

The duty of good faith.

The officious bystander test.

Business efficacy.

Inference of reasonable terms.

. Which of the following explains the logic of 'imposed terms'?

They give effect to the presumed intentions of the parties.

They ensure the promotion of public policy.

They prevent the disappointment of legitimate expectations.

They are terms that are inherent in the nature of the contract and which the law will imply in every case unless the parties agree to vary or exclude it.

. Which of the following is true about 'overriding terms'?

They are an established principle of employment law.

They override any contrary express terms.

Express terms in the contract must be exercised subject to them, despite the fact that they are not themselves express.

They are statutory terms deemed included in all contracts.

. Which of the following is not a requirement of implying a term through custom and practice?

General notoriety of the practice.

Certainty of the content of the practice.

Reasonableness of the practice.

Knowledge by the employee of the practice.

. Which of the following is not true about non-contractual work rules?

They can be changed by the employer unilaterally.

The employer is legally bound by them.

They can dictate workplace dress.

They can control personal issues like smoking at work.

. Which of the following is true about the duty to provide work?

Employers are always required to provide work.

The duty prohibits the practice of 'garden leave' in most professions.

Cooks are required to be provided with work at all times.

Bookmakers can in some circumstances demand that their employers provide work to furnish continuous practice and experience.

. Which of the following is not a principle governing the liability of an employer for workplace stress?

The employer may not rely on the worker's assertions that he or she is handling the workload, and must investigate independently.

The employer will only be in breach of duty if she has failed to take steps that she could reasonably have been expected to take.

An employer who offers a confidential counseling service is unlikely to be found to be in breach of duty.

If the only way to avoid the danger was to dismiss or demote the employee, an employer will not be in breach of duty by allowing a willing employee to continue working.

. Which of the following is true about the employee's duty of obedience?

It means that the employee must work overtime if told to by the employer.

It means that the employee must do things he or she believes to be immoral, provided that they are not illegal or contrary to the contract.

Obedience does not require the employee to comply with an order where he or she believes there is a chance of danger.

It means that an employee must work in another location than the one specified in the contract if told to by the employer.

. Which of the following is not a qualifying condition for the payment of statutory sick pay?

The day in respect of which payment is sought must form part of a 'period of incapacity for work' of four or more consecutive days.

The day must fall within the 28-week 'period of entitlement'.

The day must have been certified by a medical professional to be one on which the employee was 'sick' within the terms of statute.

The day must be a 'qualifying day', when the employee would normally be required to work.

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