‘The servant agrees that in consideration of a wage or other remuneration he will provide his own work and skill in the performance of some service for his master.’

MacKenna’s reason for saying this was that, if it was not so, there would be no contract of any kind. This is an over-simplification. Under English law, for there to be a binding contract, there must be ‘valuable consideration’ given by both parties. What MacKenna in fact means is that these two kinds of consideration are the kinds necessary for there to be a contract of employment, as was confirmed by Langstaff J in the more recent case of Cotswold Developments Construction Ltd v Williams.

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