<P> "What matters is lawful authority to command so far as there is scope for it . and there must always be some room for it, if only in incidental or collateral matters ." - Zuijs v. Wirth Brothers Proprietary, Ltd. (1955) 93 C.L.R. 561, 571 </P> <P> To find where the right resides one must look first to the express terms of the contract, and if they deal fully with the matter one may look no further . If the contract does not expressly provide which party shall have the right, the question must be answered in the ordinary way by implication . </P> <P> The third and negative condition is for my purpose the important one, and I shall try with the help of five examples to explain what I mean by provisions inconsistent with the nature of a contract of service . </P> <P> (i) A contract obliges one party to build for the other, providing at his own expense the necessary plant and materials . This is not a contract of service, even though the builder may be obliged to use his own labour only and to accept a high degree of control: it is a building contract . It is not a contract to serve another for a wage, but a contract to produce a thing (or a result) for a price . </P>

Ready mixed concrete v minister of pensions and national insurance summary