nt should be distinctly expressed, and be
signed by both parties. And the conditions under which the agreement
may be terminated by either party should be fully stated.
1447. Mutuality of Interest.
Every Agreement should bear Evidence of Mutuality of interest. If one
party agrees to stay with another, and give gratuitous services, with
the view of acquiring knowledge of a business, and the other party
does not agree to employ and to _teach_, the agreement is void, as
being without consideration.
1448. Contract.
An employer must Contract to employ, as well as a servant to _serve_,
otherwise the employer may put an end to the contract at his own
pleasure. In such a case a servant may be dismissed without notice.
1449. Permanency.
An Agreement to give Permanent Employment is received as extending
only to a substantial and reasonable period of time, and that there
shall be no immediate and peremptory dismissal, without cause.
1450. Stipulation.
When no Stipulation is made at the time of the hiring, or in the
agreement, that a servant shall be liable for breakages, injuries from
negligence, &c., the employer can only recover from the servant by due
process of law.
1451. Prudent Stipulation.
It is a Prudent Stipulation that, if a servant quit his employ before
the specified time, or without due notice, a certain amount of wages
shall be forfeited; otherwise the employer can only recover by action
for damages.
1452. Livery Servants.
In the case of Livery Servants, it should be agreed that, upon
quitting service, they deliver up the liveries; otherwise disputes may
arise that can only be determined by recourse to law.
1453. Change of Trade.
When a Master to whom an Apprentice is bound for a particular trade,
changes that trade for another, the indenture binding the apprentice
becomes null and void.
1454. Act of God.
If a Servant, retained for a year, happen within the period of his
service to fall sick, or to be hurt or lamed, or otherwise to become
of infirm body by the act of God, while doing his master's business,
the master cannot put such servant away, nor abate any part of his
wages for such time.
1455. Terms of Discharge.
But this does not interfere with the Right of an Employer to determine
a contract for services in those cases where terms of discharge are
specified in the contract of hirin
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