Case 2
By Kevin
@excellence7 (3698)
Mauritius
October 22, 2015 1:47am CST
If X is an employer at ABC Ltd and he asked Y to come to work as from 01.01.15.
Suppose Y has come to work and did all that X asked him to do.
They both agreed on the salary and job description.
But nothing has been signed. There has been no written contract.
On the 29.01.15, X informed Y that he has no money to pay him and asked him to quit the job.
Y decided to bring this matter to court.
What do you think the judgment will be?
4 people like this
7 responses
@owlwings (43897)
• Cambridge, England
22 Oct 15
To say whether Y would win his case or not, you have to specify in which country and under what legal system this is being tried. You cannot comment (rudely) "Wrong. Y wins" to all and sundry because you omitted to post a highly pertinent piece of information.
3 people like this
@excellence7 (3698)
• Mauritius
22 Oct 15
Hello
I would disagree to this because though legal systems may differ from current to current preaching legislation different from each other, there are certain things that remain unchanged and those are common law reasoning and the sense of justice.
I shared this case because the law of contract doesn't differ much from country to country.
@rahulvsmokiee (3110)
• Thiruvananthapuram, India
22 Oct 15
@SIMPLYD see i said that above
Without having an agreement, how can he win the case. Only a contract can help Y in this case. A contract is an agreement enforceable by law. If there is no agreement how could court take that into consideration? Lol! i really wanted to know that
1 person likes this
@excellence7 (3698)
• Mauritius
22 Oct 15
@rahulvsmokiee There's a contract. A contract is not only a piece of paper signed by two parties. It's much deeper than this. It can be oral or written. In this case, there is a contract and that's an oral contract. This is very valid in a court of law; and that's how Indian Contract Act also recognizes a contract - oral and written.
I'll respond to this later.
1 person likes this
@thesids (22180)
• Bhubaneswar, India
22 Oct 15
Legally, it does not stand anywhere. There is no proof that Y was hired ever. And I am sure, X will alter those databases if there were any and get rid of all data related to Y. Even the employees at X will not go against the Employer in the court of law to testify that Y had been there.
At least that is how things go here at my place.
@excellence7 (3698)
• Mauritius
22 Oct 15
Refer to Indian Contract Act. I will elaborate later today on this subject. But on a legal standpoint, Y wins.
@excellence7 (3698)
• Mauritius
22 Oct 15
Wrong. Y wins.
I will elaborate later today on this.
1 person likes this
@thesids (22180)
• Bhubaneswar, India
22 Oct 15
@excellence7 Interesting. Will surely keep my eyes open for the response
@excellence7 (3698)
• Mauritius
23 Oct 15
The word 'promise' is a very important legal word. You said it right.
1 person likes this
@rahulvsmokiee (3110)
• Thiruvananthapuram, India
22 Oct 15
lol! since their is no contratc in written, your agreement is just void. In india INDIAN CONTRACT ACT says that the agreement should be duly written and signed by both the party with their consent. I hope i helped you in the way i can.
@excellence7 (3698)
• Mauritius
22 Oct 15
@excellence7 Refer to Indian Contract Act if you wish. I will elaborate later on this subject today. But Y wins in this case from a legal standpoint.
1 person likes this
@rahulvsmokiee (3110)
• Thiruvananthapuram, India
22 Oct 15
@excellence7 With out having a agreement how can he win the case. OInly a contract can help Y in this case.
A contract is an agreement enforceable by law. If there is no agreement how could court take that into consideration? Lol! i really wanted to know that
@Rationalwriter (1813)
• Lucknow, India
22 Oct 15
X wins!! No written proof of a contract been signed!!
On the other hand Y is working in ABC Ltd so there has got to be other people in the firm who would have seen Y working!! If one of them gives a statement in favour of Y, things may turn around!!
