2019 Z-AB Question 2 ‘The contract of employment sufficiently protects employees from the

abuse of power.’ Discuss. 2019 AB

General remarks
This is a standard question on the contract of employment, requiring students to construct an argument
based on their reading. It would involve reference to implied terms mainly. Law cases, reports and other
references the examiners would expect you to use Malik v BCCI; Wilson v Racher; Stevenson, Jordan
and Harrison; Devonald v Rosser and Sons; Johnstone v Bloomsbury HA; Rigby v Ferodo Ltd. Common
errors Like in many essays, to not set out a clear argument in the introduction and then follow this through
in the body of the essay. A good answer to this question would… (1) say what it’ll say (2) say it, and (3)
say that it’s said it. The best guide on making an argument is still Rhetorica ad Herrenium. Poor answers
to this question… failed to make a persuasive argument.
2018 ZAB
Question 2
‘Express terms of the contract of employment should always override implied terms, as the
express terms are the ones which really reflect the will of the parties.’
Discuss.

General remarks
This question requires candidates to discuss and assess the role of implied and
express terms of the contract of employment. It also requires a critical analysis of
the relationship between implied and express terms.
Law cases, reports and other references the examiners would expect you to use
Examiners would expect answers to draw upon a number of cases, such as
Johnstone v Bloomsbury Health Authority (1991), Malik v Bank of Credit and
Commerce Intl SA (1997), Gogay v Hertfordshire County Council (2000), Johnson v
Unisys (2001), Eastwood v Magnox Electric plc and McCabe v Cornwall CC (2004).

2017 ZAB

Question 2
Explain and discuss the relationship between express and implied terms in
the contract of employment.

General remarks
This question requires candidates to discuss and assess the role of implied and
express terms of the contract of employment. It also requires a critical analysis of
the relationship between implied and express terms.
Law cases, reports and other references the examiners would expect you to use
Examiners would expect answers to draw upon a number of cases, such as
Johnstone v Bloomsbury Health Authority (1991), Malik v Bank of Credit and
Commerce Intl SA (1997), Gogay v Hertfordshire County Council (2000), Johnson v
Unisys (2001), Eastwood v Magnox Electric plc and McCabe v Cornwall CC (2004).

2016 ZAB

Question 2
What is the relationship between implied and express contractual terms? Should express terms
always override implied terms of the contract of employment?
General remarks
This question requires candidates to discuss and assess the role of implied and
express terms of the contract of employment. It also requires a critical analysis of
the relationship between implied and express terms.
Law cases, reports and other references the examiners would expect you to
use
Examiners would expect answers to draw upon a number of cases, such as
Johnstone v Bloomsbury Health Authority (1991), Malik v Bank of Credit and
Commerce Intl SA (1997), Gogay v Hertfordshire County Council (2000), Johnson v
Unisys (2001), Eastwood v Magnox Electric plc and McCabe v Cornwall CC (2004).