Business law summary year 2
Written by Pien van Olst, everything highlighted is in the exam word list
,Employment law...................................................................................................3
Recording part 1/3.............................................................................................3
Recording 2/3 (slide 17).................................................................................... 4
Court case:.........................................................................................................................7
Employment law 2....................................................................................................................... 9
Recording 1/3.......................................................................................................................... 9
Recording 2/3........................................................................................................................ 13
Recording 3/3........................................................................................................................ 17
Property law 201........................................................................................................................ 20
Recording ...................................................................................................................... 20
Recording 2/2........................................................................................................................ 24
, Employment law
Recording part 1/3
Employment law: rules and principles that govern the relationship between
workers (employes), employers, trade unions and the government.
The relationship between these 2 groups (employers and employees), are
governed by law. There are many rules that regulate how employers and
employees must conduct themselves.
1 fundamental rule --> the golden rule: treat others as you want them to treat you.
Social and economic perspective: the golden rule is know as “law” of reciprocity
however, its not really a law. This rule is a pattern of behavior.
Law of reciprocity: you give something, and I will give you something in return.
Rationale (why it is an interest to behave like this): without reciprocity society
would not survive.
Neighbor principle: (donoghue v. stevenson video)
--> duty of care in the tort og negligence. Before this you could only do something
if you had a contract.
Because of the neighbor principle duty of care was created.
Duty of care: people need to be careful with one another. The duty of care was a
big revolution in common law countries in civil law countries it developed
differently but even there it had an important notion.
--> take reasonable care to avoid injuring those that you can reasonably foresee
are likely to be affected by your actions.
Reasonabeness is at the heart of law: everyone has rights, duties in other words
responsibilities (duties of care). These rights and duties must be balanced
somehow, that is done on the basis of reasonableness (taking into consideration
the other parties legitimate interest.)
Employment law: the employer and the employee shall be obliged to act as a
good employer and as a good employee (dutch civil code).
Terminology: