Statutory rights can be quietly whittled away through private contracting
Evidence
To decide that the statutory arrangements for adjusting matters between employer and third person are suppletive and not constructive, it will be observed, is to decide that the employee’s right under the statute to have the employer represent him in litigation against the third person is a very tenuous one. The employer can, in effect, bargain away the employee’s right by agreeing to indemnify the third person and so disqualifying himself from litigating with him. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1832
Categorization
- XREF: Ties to ch24 on mutually exclusive liabilities and to private-law-making-as-gap-filling thread across the volume. — connects to: A legal contract channels stored political power toward private purposes; A collective bargaining agreement is private legislation creating private courts and administrative processes. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4334