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Law of contract (198,-666)

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Keywords: Law of contract
Total judgments found: 14

  • Judgment 2848


    107th Session, 2009
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 24

    Extract:

    "Having regard to the complainant's actions and his persistent, disingenuous attempts to reformulate the contents of communications, the Tribunal finds that the complainant's assertion that he did not reject the offer of the appointment as Chief of Cabinet and Director of ODG is not credible, and that he indeed rejected that offer on 1 August 2002. In the circumstances, the Organization was under no obligation to keep the offer open for any further period. Since it was not kept open, its purported acceptance did not give rise to a binding contract."

    Keywords:

    acceptance; appointment; binding character; contract; law of contract; limits; notice; offer; organisation's duties; reasonable time;

    Consideration 20

    Extract:

    "As the Tribunal reiterated in Judgment 2592, under 14, it is well established in the case law that «[t]here is a binding contract if there is manifest on both sides an intention to contract and if all the essential terms have been settled and if all that remains to be done is a formality which requires no further agreement»."

    Reference(s)

    ILOAT Judgment(s): 2592

    Keywords:

    acceptance; binding character; contract; effect; intention of parties; law of contract; offer;



  • Judgment 2682


    104th Session, 2008
    International Olive Oil Council
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "[A]ccording to the case law as established in Judgment 61, clarified in Judgment 832 and confirmed in Judgment 986, an acquired right is breached only when [...] an amendment adversely affects the balance of contractual obligations by altering fundamental terms of employment in consideration of which the official accepted an appointment, or which subsequently induced him or her to stay on. In order to determine whether there has been a breach of acquired rights, it is therefore necessary to ascertain whether the altered terms of employment are fundamental and essential within the meaning of Judgment 832."

    Reference(s)

    ILOAT Judgment(s): 61, 832, 986

    Keywords:

    acquired right; amendment to the rules; breach; condition; contract; law of contract; terms of appointment;



  • Judgment 2667


    104th Session, 2008
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The complainant now claims that when she signed her initial contract the Organization did not inform her of the consequences of her declaration [concerning her residential address] or, in particular, of the differences between local and international status. But this assertion cannot be accepted. It was up to the complainant to ask the Organization about the implications of the main clauses of the offer she was invited to accept and about the consequences of her replies on points which were decisive for her future career and salary. Rapid perusal of the Staff Regulations and Rules would have revealed the implications of accepting the offer of local recruitment."

    Keywords:

    acceptance; consequence; contract; law of contract; local status; non-local status; offer; organisation's duties; staff member's duties; staff regulations and rules;



  • Judgment 2308


    96th Session, 2004
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 15-18

    Extract:

    "The complainant seeks compensation in lost salary and benefits for the years during which she has been remunerated on the basis of short-term employment while performing work of indefinite duration equivalent to that of a fixed-term staff member. In other words, she claims a retroactive fixed-term status. There is no basis on which the complainant can claim to be treated retroactively as if she had a fixed-term contract. She was recruited as a short-term staff member without having to go through a competition process; she accepted several contract renewals. It was within the discretionary authority of the Director-General to decide during all those years whether to renew each short-term contract or offer her a fixed-term contract [...]. She accepted and signed all the short-term contracts. [...] If it is sought to have the Tribunal treat those short-term contracts as being null, it must be shown that they have violated some fundamental and overriding principle of law or that her apparent consent thereto was vitiated (see Judgment 2097, under 11). This, the complainant has failed to do."

    Reference(s)

    ILOAT Judgment(s): 2097

    Keywords:

    acceptance; appointment; burden of proof; contract; discretion; duration of appointment; fixed-term; injury; lack of consent; law of contract; offer; short-term; status of complainant;



  • Judgment 2290


    96th Session, 2004
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "In case of doubt [on the meaning which may reasonably be given to the clause of a contract], it is accepted that, in accordance with the principle of good faith, ambiguous clauses should be interpreted to the detriment of the party which drafted the contract."

    Keywords:

    benefit of doubt; contract; good faith; interpretation; law of contract; provision; written rule;



  • Judgment 2198


    94th Session, 2003
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    The complainant worked, from 1993 to 2000, under a series of short-term contracts of varying durations. The complainant submits that there has been unjust enrichment on the part of the organization: it profited materially from appointing him on a short-term basis because he was doing the work of a fixed-term staff member. "The existence and validity of the contracts of employment are a complete bar to this plea. The doctrine of unjust enrichment finds its origins in the law of quasi-contract. As was said in Judgment 2097, under 20, 'the existence of a valid contract between the parties, covering the very matters which are the subject of the claim, excludes any claim of unjust enrichment'."

    Reference(s)

    ILOAT Judgment(s): 2097

    Keywords:

    acceptance; contract; duration of appointment; fixed-term; intention of parties; law of contract; offer; right; short-term; successive contracts; unjust enrichment;



  • Judgment 1916


    88th Session, 2000
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant argued that the date the contract enters into force is not negotiable - it must be the date the parties actually sign the contract. "The Tribunal does not agree with the complainant. A contract is concluded when there is a firm and definitive unity of intentions between the contracting parties; it generally takes the form, particularly where, as in this case, it consists of a contract by correspondence, of an offer made by one party followed by the acceptance of the offer by the other party. [...] But in certain instances, the contract may be held to be concluded, by interpretation of the intentions of the parties, even in the absence of agreement on the subsidiary points."

    Keywords:

    acceptance; date; effective date; general principle; intention of parties; law of contract; offer;



  • Judgment 1369


    77th Session, 1994
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "The Tribunal must enforce the law within the full ambit of the competence its Statute vests in it. For that purpose it will apply any material rule of law, be it international or administrative or labour law or any other body of law. The only sort it will not apply is national law, save where there is express renvoi thereto in the Staff Regulations or contract of employment: see Judgment 1311 [...], under 15."

    Reference(s)

    ILOAT Judgment(s): 1311

    Keywords:

    applicable law; case law; competence of tribunal; contract; domestic law; exception; iloat statute; international civil service principles; international instrument; law of contract; right; staff regulations and rules; written rule;



  • Judgment 1317


    76th Session, 1994
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 38

    Extract:

    "A fixed-term appointment will automatically cease to have effect upon expiry. But according to the case law a contract of service, even if for a fixed term, creates in law a relationship of employment; that relationship exists in an administrative context and is subject to a set of staff regulations; and there may therefore be requirements or consequences that go beyond the bounds of the contract as such."

    Keywords:

    case law; consequence; contract; effect; fixed-term; law of contract;

    Considerations 22-23

    Extract:

    The ITU, relying on material provisions in the Staff Regulations and Rules, argues that the complainant's fixed-term appointment automatically expired when his contract ran out and that it had no need to take a decision on non-renewal. The Tribunal, having made clear that those provisions "have counterparts in the Staff Regulations and Staff Rules of several other international organisations", holds that its ruling on this case "must be in line with what proves to be an important feature of the common law of international organisations, or at least of those that define contracts by category in determining relations with their employees. [...] Consistent precedent has it that [...] a fixed-term contract", even a temporary one, "is to be treated as a distinct and challengeable administrative decision."

    Keywords:

    case law; contract; coordinated organisations; decision; fixed-term; law of contract; non-renewal of contract; notice; rule of another organisation; staff regulations and rules;



  • Judgment 817


    62nd Session, 1987
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "No contract of employment will come into being unless there are an unqualified offer by the employer, agreement between the parties on the essential terms, and unqualified acceptance by the employee."

    Keywords:

    acceptance; contract; definition; elements; law of contract; offer;



  • Judgment 543


    50th Session, 1983
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "It is an elementary principle of the law of contract that if one party clearly and definitely refuses to honour his or her obligations, the other party is entitled to rescind the contract; and it does not matter whether or not any of the rules say so in so many words." [While expressing eagerness to continue serving the organization, the complainant refused the post assigned to her.]

    Keywords:

    law of contract; no provision; termination of employment;



  • Judgment 392


    43rd Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    A provision exists for the termination of appointment in the event of abandonment of post. The rule must be interpreted in the light of the ordinary principles of contract law. "If one party to a contract fails or refuses to perform his duties under the contract in circumstances which show that he does not intend ever again to resume them, i.e. show [...] that he is abandoning his post, the other party is entitled to treat the contract as at an end".

    Keywords:

    abandonment of post; condition; consequence; law of contract;



  • Judgment 122


    20th Session, 1968
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The Staff Regulations are, as a whole, applicable only to those categories of persons expressly specified therein. However, some of their provisions are merely the translation into written form of general principles applicable to any employees having any link other than a purely casual one with the organisation. These principles may not lawfully be ignored in individual contracts. "This applies in particular to the principle that any employee is entitled in the event of a dispute with his employer to the safeguard of some appeals procedure."

    Keywords:

    contract; enforcement; external collaborator; general principle; law of contract; locus standi; right of appeal; safeguard; status of complainant;



  • Judgment 61


    10th Session, 1962
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "Provisions which appertain to the individual terms and conditions of an official, in consideration of which he accepted appointment [...], should to a large extent be assimilated to contractual stipulations. Hence, if the efficient functioning of the organisation in the general interest of the international community requires that the latter type of provisions should not be frozen at the date of appointment and continue so for its entire duration, such provisions may be modified in respect of a serving official and without his consent but only insofar as modification does not adversely affect the balance of contractual obligations or infringe the essential terms in consideration of which the official accepted appointment."

    Keywords:

    acquired right; amendment to the rules; contract; law of contract; organisation's duties; organisation's interest; terms of appointment;


 
Last updated: 23.10.2020 ^ top