Final Exam 2022 Contract Law

Section A – Questions
1- Explain the concept of legal subordination

The concept of legal subordination is related to the fact the employer has different power to his
employee which are :
The power of directions to the his employees, which is globally the fact of giving directives and
orders to him.
Then the normative powers which is the fact of issued generals norms to his employees
Finally we have the disciplinary power which is the fact of giving disciplinary sanctions if the
employee doen’t do his part of the contract well.

2- Identify the main obligations of an employer in a contract of employment :

The main obligations of an employer in a contract of employment are:
- The provision of work
- The payment of wages

3- Identify and explain 3 possibilities of termination without a dismissal.

Retirement → It is when the employee has reach the required age to go to retirement, he has to
make it known to its employer by written with a letter of acknowledgement

Termination of the contract → Because the employer has not fulfilled his part of the contract

Resignation → It is a the employee initiative, must be in written → you are not entitled to
unemployement insurance

4- Explain the concept of error as a cause of nullity under French contract law.

The concept of error is shown as a non-intentional mistake formulated in the contract who prevent
the consentement of the contracting party to sign the contract. To declare it, you have 5 year from
the moment when we discover the mistake. Thus, the consequence will directly be the nullity of the
contract.
To be considere as an error, it must be prove that the person who claim the nullity of the contract
has done all the things to avoid his error (must be excusable).

Section B- Case studies

Case study #1 : If we refer to the main obligations of an employer to its employee we can state that
the agreement that bound expresscarriage and Paul is much more than a services agreement.
Indeed, an employee as to provide work for his employee which is the case as he has to carry out all
the deliveries of the company and the company also have to pay it and by the fact that its shipment
cost are reimburse we can think that he is âid by Express carriage.

If we now analyze the employee’s obligations we can also understand that it is much more than a
services agreement. For instance, it is notice that the employee should be loyal to his employers,
paul has signed an exclusive agreement for express carriage which can make us think that he works
only for them. By the fact th t he has been fired because he didn’t perform its obligations well
which is also an obligations of an employee. We can think that paul is considered as an employee by
the judge.
To conclude, we can think that ExpressCarriage do a service conteract in order to hide a potnetial
employment contract in order to don’t give him a precariousness or the departure prime in order to
save money.

Case study #2 :

According to the law, an employee mustn’t try to act agains the interest of the company bu also to
disclose confidential documents.

→ M Ruptcy is guilty of 2 things,

First one, having trying to bring confidential document to a potential competitors who already make
him guilty for a misconduct
second one, the fact of stoling a badge to an employee in order to have a access to specific
documents which also be a case of misconduct.

However, to be considered as an heavy fault, it must be proved that the mistake have been commit
intentionally in order to cause a prejudice to the given employee. By the fact that the fact of stealing
and spying is considered to be volountary doing by m Ruptcy

Case study #3
The legal rule applicable to the case are about the duration of the trial period. As the termination of
that trial period was fixed at 2 month. We can therefore calculate that the maximum date that the
employer has to end the trial period to be after considered as a dismissal is May 2, 2022. As he
decide to put to an ends on April 25, 2022, it is not considered as a Dismissal. Moreover, as the end
of the trial period doesn’t include the reasons of the employers to ends it, it can not be considered as
a dismissal and still less without reason.