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Departmental Instructions or Ordinances, all of which appear earlier
in the paragraph. Thus the intention is that Cal. Regs. shall not
constitute part of the contract between the Crown and the public
officer. Conversely, the limited terms of this disclaimer can be
taken as inferring an intention that such other instruments as are
referred to in that paragraph are intended to form part of such a
contract.
ALNJU
But is the relationship between the Crown and public
officers a contract, in the accepted sense of the term? It is
indicative of the difficulties of the subject that counsel for the
respondent referred to quasi contract, since he wished to hold the
position that the Crown is not bound but the public officer is.
The letters of offer and the memorandum of appointment
use the language of contract. Would not an appointee, when he
receives an offer of appointment, to which is attached a memorandum
of conditions of service, believe that he is receiving an offer to
enter a contract with the Crown?
He is told, by the memorandum, what he is expected to do,
and warned what will happen to him if he fails to keep to his side
of the bargain. If asked what he thought the Crown's obligations
were, he would certainly reply "to keep to its bargain as I'm
expected to do by the Crown". Would he have any doubt that he.
was entering a contract with the Crown?
What does the Crown intend? We suppose that it is
seeking the advantages of a contract without the drawbacks. That
is to say that it regards the public officer es bound by G.Rs, but
does not want this to give rise to any contractual relationship
of a kind which would enable the officer to enforce G.Rs. against
the Crown.
C.S.R. 2 states that G.Rs are made by the Governor,
that authority for their interpretation is vested in him and
that "they have no force in lau', save in so far as they are
set out in an Ordinance or Act.