Any legally binding contract has to have certain elements, i.e. an intention to create legal relations, offer, acceptance and valuable and sufficient consideration. These are the badges of a contract, of which the contract of service and the contract for services are only two varieties. If one or more of these elements cannot be found in a relationship, then no enforceable contract is likely to exist, either ‘of service’ or ‘for services’, despite the fact that an individual may be carrying out work for another person and may be remunerated for doing so. Contracts for an illegal purpose will also be void, so cannot create enforceable mutual obligations.

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