WORKING CONTRACTS.

TASKWORK.

SPECIFIC CONTRACT.

10265. By Measure or Lump.—When any person undertakes to render a service, or to do certain work, according to the measure or quantity, or for one fixed payment for "the lump," it is a contract of taskwork.

10266. Two Kinds.—Taskwork may be divided into two kinds; namely,

10267. Hand Labour.-That undertaken by a workman to be done with his own hands; and

10268. In the Way of Trade.-That undertaken by a tradesman in the way of his business, to be done either by himself alone, or by his servants, for whom he is responsible.

DISTINCTION OF TERMS.

10269. Taskwork must not be confounded in law with "piecework; " for,

10270. Piecework.-In piecework the workman is the absolute servant of the employer (9716), and is bound to conform to his convenience and instructions, so far as they are reasonable, and the master is liable for the acts of his servant accordingly; but,

10271. Principle of Taskwork.-He who undertakes taskwork may do it when and how he likes, consistently with the due completion of the work according to contract, and the reasonable convenience of his employer; thus,

10272. Restricted Responsibility.—If a man undertakes to sink a well, or build a wall, or dig a ditch, or spin a mile of rope, or make ninety thousand bricks, at so much per yard or per thousand, or for the whole lump, it is an engagement upon taskwork, wherein the workman is not responsible for anything else, nor his employer for him in any degree; again,

10273. Constructions and Processes.—If a master man undertakes to construct a canal, or build a house, or erect a steam-engine, or make a coat, or mend boots, or grind a knife, or draw a tooth, either by the quantity done, or for the whole, it is a contract of taskwork, committing neither of the parties to any other responsibility; but,

10274. Entire Manufactures.—Should a person, in carrying out a contract, furnish the whole of the materials and labour, it is not in the nature of taskwork; for,

BARGAIN AND SALE.

10275. When a dentist makes a set of teeth, or a tailor entirely supplies a suit of clothes, it is a contract of bargain and sale, though they were respectively made to fit and to order of the employer; on the contrary,

WORK AND SERVICE.

10276. Materials.-When an employer finds materials, or a portion thereof, and a contractor works up such materials, or they are the basis of the work, it is a contract of work and service, or taskwork; thus,

10277. Tailors and Cabinet Makers.—If you give cloth to a tailor, wherewith to make a coat, or wood to a cabinet maker, for him to make certain furniture, it is a contract of work and service; and

10278. Printers.-It has been held that the printing of a book is a contract of work and service, even though the printer finds all the paper and ink, because the publisher or author furnishes the "copy," upon which the work is based.

10279. Mending and Repairs.—Every description of mending and repairs is necessarily a contract of work and service, and not of bargain and sale; and

10280. Builders.—All contracts by one man to erect or make improvements upon the land of another, are contracts of work and service, as contradistinguished from bargain and sale, the land furnished by the employer being the basis of the work.

CONDITIONS OF TASKWORK.

10281. Default of Employed.—In all contracts of taskwork, if the contractor fails to begin at the time, or on the day named, or in reasonable time after undertaking to do so, the employer may repudiate the contract; and

10282. Default of Employer.—If a man has bargained for another to commence taskwork at a given time or on a day named, and the latter is not permitted to commence accordingly, he may repudiate his contract; and

10283. Obstacles.-If, during the continuance of a contract of taskwork, the employer fails to provide reasonable facilities, or puts any considerable obstacle in the way, the contractor may repudiate his contract, and sue for work done, and damages.

PAYMENTS.

10284. Instalments.-In contracts for buildings, and other considerable works, it is usual to stipulate mutually for certain instalments of payment as the work goes on; otherwise,

BY THE LUMP.

10285. Completion Essential.—If a contractor undertakes a given work for one lump sum, without regard to quantity, he cannot recover a farthing until the work is actually completed; thus,

10286. Entire Houses.-Should a builder undertake to erect a certain house for a thousand pounds, he cannot recover the price of the foundation, or first story, or in such like manner as reached, unless he has distinctly stipulated accordingly; and

10287. Entire Contracts.-If a man undertakes to sink a well, or build a wall, or spin a mile of rope, or make ninety thousand bricks for a lump sum, without mention of any rate of measure or quantity, he cannot compel payment till the whole work is done.

10288. Carriers.-If a carrier agrees to carry a passenger, or a quantity of goods, from London to Liverpool, and, for any reason, is only able to carry them five-sixths of the way, he is not entitled to any payment whatever; and

10289. Advertisements.-If a newspaper proprietor undertakes to insert an advertisement for a year, for a lump sum, he cannot recover for any portion of the year; but,

BY MEASURE OR QUANTITY.

10290. Advertisements.—Should a newspaper proprietor, in undertaking to insert an advertisement for a year, name the price at so much per insertion, he can any time recover for as many insertions as have appeared; and

10291. Progressive Payments.-If a well-sinker, or bricklayer, or rope-spinner, or brickmaker, in undertaking a job, stipulates for so much per yard or per thousand, he can any time recover for as many yards or thousands as may be finished; and

10292. Houses in Parts.-If a builder undertakes to build a house for so much a floor, and the residue when all finished, he can recover any time upon reaching floor after floor, and

10293. Default of Payment.-When a contractor for taskwork is entitled to payment during the progress of the work, and the employer refuses or neglects to pay, the contractor is entitled, if he pleases, to stop the work for any length of time till paid, no matter

how disastrous such a course may be to the employer, who remains bound to pay for so much as is done.

REPAIRS.

10294. Completion Essential.-Taskwork in the nature of repairs invariably carries with it the obligation to complete before payment ; thus,

10295. Chandeliers.-A man undertook for £10 to render complete certain dilapidated chandeliers, and returned them in an unfinished state. It was held that he had no right to have them back for completion, and that he could not legally claim so much as a farthing for what he had done.

NEEDLEWORK.

10296. Unfinished.—If a tailor or a dressmaker is entrusted with cloth or other stuff to make a coat or dress, and the work is only partly done, though nearly completed, if not quite finished, there is no claim for payment to any amount whatever; but,

10297. Finished.—If you find cloth or stuff, and have a coat or dress made, and the garment is produced, ostensibly complete, you must pay for the work done, though it may be inferior work (10301), or done in very bad taste and not at all to your satisfaction; on the contrary,

CLOTHING TO ORDER.

10298. Right of Rejection.—If you order a coat, or a dress, or a pair of boots, to be made of stuff to be wholly supplied by the maker, and upon delivery and examination thereof, you are dissatisfied, though you may have accepted the delivery of the article, you may repudiate the purchase by promptly returning it, if you can allege any tangible objection which is reasonably appreciable; and

10299. Return of Money.-Though a tailor, before agreeing to make a garment, should exact prepayment, yet if the article is not to satisfaction when finished, the tailor is legally bound to return the money. Any stipulation of his to do so is gratuitous.

10300. Matters of Utility.—When a contract to order is for something which is not ornamental in its essential character, it will generally suffice in law that it be sufficient to answer the purpose, as for instance, strong enough, or large enough, or light enough, without regard to the taste of the employer; but,

10301. Matters of Taste.-A tailor, or a dentist, or a picture-frame maker, or other artificer, who wholly provides and makes goods which are matters of taste and not solely of utility, supplies and

makes such goods at his own risk, subject to very much caprice of his customers, who are entitled to a very wide margin of objection; notwithstanding,

10302. Disputes.-When a dispute arises between a tradesman and a customer as to an article of taste solely supplied and made by the tradesman to the customer's orders, it is generally almost a "tossup" who will get the better of the argument; and,

10303. County Court Eccentricity.-If tried in a county court, will probably depend upon the humour or eccentricity of the judge; and 10304. Necessary Discrimination.-In settling diputes about work done or goods made to order, it has to be borne in mind that every person who orders anything to be done for payment is impliedly bound to exercise some discrimination, and must suffer for it if he does not, thus,

OSTENSIBLE QUALIFICATIONS.

10305. Implied Responsibility.-Every person who is notoriously, or who gives himself out to be, a tailor, or a bricklayer, or a dentist, impliedly undertakes respectively tailoring, bricklaying, and dentistry properly; so that,

10306. Unskilful Tailors.—If a man who is ostensibly a tailor supplies a coat to order very badly made, he must bear the loss; and

10307. Unskilful Dressmakers.—If a person who is ostensibly a dressmaker makes up materials of a customer so badly that they cannot be worn, she can only claim a modified remuneration, or none at all, in proportion to the value of the work, less the material she may have spoiled.

PHYSICIANS.

10308. Skilful Treatment.—If a person with a malady goes to an ostensible physician, and the physician treats the malady according to accredited experience, he is entitled to his fee though there be no amendment, unless it can be proved that he has no right to call himself a physician; but,

10309. Unskilful Treatment.—If a physician so treats a patient that his malady is consequently much worse, or a worse malady results, or death ensues from and in consequence of the treatment, or in consequence of any blunder of the physician, such physician is in either case (if proved) liable to damages independently of any penal consequences; or,

DENTISTS.

10310. Disfiguration.-If a dentist operates upon teeth so as to

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