Employment Contract: Formation, Terms, and Termination - LLM Employment Law

Question 1

Which of the following is NOT a defining characteristic of an employment contract?

Accepted Answer

Independent contractor status

Answer

Mutuality of obligations

Answer

Intention to create legal relations

Answer

Subordination to the employer

Question 2

Which of the following methods is NOT legally recognized for varying the terms of an employment contract?

Accepted Answer

Unilateral decision by the employer

Answer

Oral agreement

Answer

Written agreement

Answer

Constructive variation through mutual conduct

Question 3

What is the legal principle that establishes the mutual obligations between parties in an employment contract?

Accepted Answer

The need for reciprocal performance

Answer

The master-servant relationship

Answer

The doctrine of consideration

Answer

The principle of equity

Question 4

Which legal remedy is available for breaches of implied terms in employment contracts?

Accepted Answer

Damages

Answer

Injunction

Answer

Specific performance

Answer

Termination of contract

Question 5

What is the key distinction between express and implied terms in an employment contract?

Accepted Answer

Express terms are explicitly agreed upon, while implied terms are not.

Answer

Implied terms are legally binding, while express terms are not.

Answer

Express terms are more important than implied terms.

Answer

Implied terms can only be varied by agreement, while express terms can be varied unilaterally.

Question 6

In determining whether an implied term exists in an employment contract, which legal test is applied?

Accepted Answer

The officious bystander test

Answer

The reasonable person test

Answer

The business efficacy test

Answer

The necessity test

Question 7

What is the legal basis for the doctrine of constructive dismissal?

Accepted Answer

Material breach of contract by the employer

Answer

Frustration of contract

Answer

Mutual agreement

Answer

Statute

Question 8

Implied terms in an employment contract can arise from various sources. Which of the following is NOT a potential source of implied terms?

Accepted Answer

Express agreement between the parties

Answer

Custom and practice

Answer

Statute

Answer

Previous dealings between the parties

Question 9

An employment contract can be varied through different methods. Which of the following is NOT a valid method of varying an employment contract?

Accepted Answer

Unilateral action by the employer

Answer

Mutual agreement between the parties

Answer

Statutory imposition

Answer

Estoppel

Question 10

Which of the following remedies are available to an employee who has been unfairly dismissed?

Accepted Answer

Both (i) and (ii)

Answer

Reinstatement

Answer

Compensation

Answer

Neither (i) nor (ii)

Question 11

Which of the following is NOT a protected characteristic under the Equality Act 2010?

Accepted Answer

Social class

Answer

Age

Answer

Disability

Answer

Sexual orientation

Question 12

An employee who has been discriminated against in the workplace may seek which of the following legal remedies?

Accepted Answer

Both (i) and (ii)

Answer

Compensatory damages

Answer

An injunction

Answer

Neither (i) nor (ii)

Question 13

Within employment contracts, what is the primary obligation imposed by the duty of good faith?

Accepted Answer

To act in a manner aligned with the reasonable expectations of both parties.

Answer

To disclose all relevant information to the employment relationship.

Answer

To prioritize the employer's financial interests above all else.

Answer

To avoid actions that could harm the reputation of the other party.

Question 14

Under the Equality Act 2010, which of these is a prohibited form of discrimination in employment?

Accepted Answer

Age

Answer

Political views

Answer

Physical stature

Question 15

Which of the following is NOT an essential characteristic of an employment contract?

Accepted Answer

Agency

Answer

Mutuality of obligations

Answer

Personal service

Answer

Subordination

Question 16

What is the 'implied duty of fidelity'?

Accepted Answer

Duty of the employee to act in the best interests of the employer

Answer

Duty of the employer to provide a safe working environment

Answer

Duty of the employee to obey reasonable orders

Answer

Duty of the employer to pay the employee a fair wage

Question 17

Which of the following is NOT a potential legal remedy for breach of an employment contract?

Accepted Answer

Criminal prosecution

Answer

Damages

Answer

Injunction

Answer

Specific performance

Question 18

Which of the following best describes the implied term of mutual trust and confidence in employment contracts?

Accepted Answer

It requires employers to act fairly and reasonably towards their employees.

Answer

It is an absolute term that cannot be varied or excluded contractually.

Answer

It only applies to employees who have met a specified performance threshold.

Answer

It can never be breached by an employer.

Question 19

Which of the following is NOT an essential element for the formation of an employment contract under English law?

Accepted Answer

Consideration in cash

Answer

Parties with legal capacity

Answer

Intention to create legal relations

Answer

Offer and acceptance

Question 20

Which type of variation to an employment contract requires the consent of both parties?

Accepted Answer

Mutual agreement

Answer

Variation by operation of law

Answer

Unilateral variation by the employee

Answer

Unilateral variation by the employer

Question 21

A fixed-term employment contract can be terminated by the employer before the end of the term:

Accepted Answer

For breach of contract by the employee

Answer

Never

Answer

Only with the employee's consent

Answer

For any reason without notice

Question 22

What is a key distinction between a contract of service and a contract for services?

Accepted Answer

Supervision and control over the work

Answer

Purpose of the work

Answer

Method of payment

Answer

Duration of the contract

Question 23

What is the effect of an express exclusion clause in an employment contract?

Accepted Answer

It will be void if it is deemed unreasonable

Answer

It will always be valid

Answer

It will have no effect

Answer

It will only be valid if it is in writing