Critically evaluate the development and application of the implied Essay

Critically evaluate the development and application of the implied duty of trust and confidence with reference to contracts of employment - Essay Example It would appear from the decided cases, that the primary purpose of the implied duty of trust is to ensure that the employer acts in good faith and does not unfairly or inequitably exercise his/her power under the employment contract.4 This paper explores the emerging concept of the implied duty of trust and confidence in the employment contract and argues that it is a significant development, used for the purpose of regulating and restraining the employer’s conduct in asserting his/her power under the employment contract. The implied duty of trust is a relatively new concept of employment law.5 The duty itself is most likely founded on the fundamental principle of co-operation required of parties to a contract generally.6 It is also part of the history of employment law and its shift away from the underlying tenet of the preexisting master/servant characterization of employment relationships. In this regard, the emerging duty of trust can be detected in Lord Slynn’s judgment in Spring v Guardian Assurance Plc [1995] 2 AC 196 in which Slynn J said: The changes which have taken place in the employer/employee relationship, with far greater duties imposed on the employer than in the past, whether by statute of by judicial decision, to care for the physical, financial and even psychological welfare of the employee.7 The duty of mutual cooperation merely dictated that parties to a contract tailor their conduct so as not to undermine the terms and conditions of the contract.8 In other words the duty of mutual cooperation did not impose upon the parties a positive duty. The implied duty of trust which was developed from the duty of mutual cooperation does impose upon the parties a positive duty to take specific action. For example in Scally v Southern Health and Social Services Board [1992] 1 AC 294 the court held that the implied duty of trust and confidence imposed upon the

Writing Procedure for soil compaction Lab Report

Writing Procedure for soil compaction - Lab Report Example This helps in reducing void ratio. The main purpose of soil compaction is to reduce settlement under working loads, increase the soil shear strength, and prevent accumulation of large water pressures that may result in soil liquefaction during earth tremors. The following equipment will be necessary in order to achieve a proper soil compaction: 5 small tin containers; compact mould; metallic mixing pan and a plastic water bottle; weighing balance of up to 10kg for determining the weight of soil mass; a sieve; straight edged steel to smoothen soil sample ends; and a compaction hammer of about 5.5 lbs (Fang 262). The whole process begins by preparing the soil sample to be used during compaction. To begin with, a soil mass is taken and passed through a sieve so as to ensure that the right quantity and type of soil is obtained. The soil sample is passed through the sieve until 3-4 lbs of the sample is obtained. The sample soil is then wetted with the right quantity of water and missed thoroughly. Once this has been done, the wetted soil sample is carefully put into a plastic bag and left overnight (Fang 268). This is done to ensure that water in the soil sample is thoroughly absorbed so as to obtain homogeneous water content as shown in figure 1. However, before beginning compaction, it is important to set up equipments properly. As such, the compaction mold with the base plate is measured is weighed using the weighing balance and the measurement recorded (Fang 268). It is worth noting that the compact mold should be greased to prevent soil sample from sticking in the mold. After preparing the sample, the next procedure involves testing the compaction. The first step is to lock the mold, base and the collar plate together. The soil is added to the mold and filled until over half the mold is filled with loose soil. Then, using the compaction