Redpath Dorman Long v Cummins Engine Co 1981 SC 370
Citation: Redpath Dorman Long v Cummins Engine Co 1981 SC 370
Link to case on WorldLII (reference).
Rule of thumb: Can common law rights be contracted out of? Yes, the common law can be contracted out of, but statutes cannot.
Judgment:
The Court in this case confirmed that before any contractual term is negotiated there has to be an overarching understanding of the whole contract so that the term can be seen in its proper context – in particular in can be seen if it has written out a common law right or not, “What was said in the Gilbert-Ash case is that you consider the terms of the particular contract as a whole to see whether there are any provisions therein which, either expressly or by necessary implication, write out the common law right." Lord Justice-Clerk Wheatley at. 374
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.