Case Brief 14,15&16

Case Brief 14,15&16 - Huan Long 201005051 Case...

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Huan Long 201005051 Case Brief 14: Hertzog v. Hertzog Facts: The plaintiff worked for his father, as well as the defendant, until he was about forty years old. The plaintiff had lived the defendant’s house and had worked in the defendant’s farm, even after he got married in 1842, until the defendant’s death in 1849. The farm was always managed by the defendant and in his name, the plaintiff only worked under him. However, there were no accounts kept between them. Issues: 1. Should the law, under the circumstances, presume that the parties mutually intended to be bound by an implied contract of hiring? 2. Should the fact that the son in the employment of his father, as well as circumstances, be the evidence to infer that there was an express contract of hiring between two parties? Holdings: 1. No. The court claimed that “if we find a son in the employment of his father, we do not infer a contract of hiring, because the principle of family affection is sufficient to account for the family association, and does not demand the inference of a contract”. 2. No. According to the court, there was “a contract that was wanted, ant not at all that one already existed; and the court was in error in saying it might be inferred that there was a contract of any kind between the parties.” Rationale: 1. When the court wants to decide if there is an implied contract exists, it’s very necessary to account for other relations existed between two parties. If a person worked for another person, who has totally no relation with him, even there was no express contract exists, the law presume an implied contract of hiring. However, there exist some relation between two parties, it’s totally another story. If someone worked or did some things for a person who has a familial relation with him, the law basically
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Case Brief 14,15&16 - Huan Long 201005051 Case...

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