scholars to analyse the master-servant relationship.Then, he presented a diagram in five horizontal columns and four rows. Under the overall heading of “Service contracts” (Tjänsteavtal) there were two subclasses,“Contracts of authorization” (Fullmaktsavtal) and “Hiring of services” (Tjänstelega), the latter in turn was divided into “Hiring for work” (Arbetslega) and “Hiring of services in a more restricted sense” (Tjänstelega i inskränktare bemärkelse). Both of these two classes then were divided into yet two further classes.The first one,“Hiring for work” contained “Deposit” of specified goods (Inlagsavtal, depositum) and “Piece-work contract” (Arbetsbeting).The second one, “Hiring of services in a more restricted sense” covered “Hiring of services in a most restricted sense” (Tjänstelega i inskränktaste bemärkelse) and, on the lowest of four levels,“The contract between master and servant” (Tjänstehjonsavtalet).232 What determined the legal character of a service contract was the purpose of the paying party.According toWinroth the purpose of the master-servant relationship in modern society was to complete the master’s power of action. But this completion concerned the quantity rather than the quality of the services in question. The master-servant contract gave the master the disposal of a certain capital of human strength, rather than guaranteeing him the fulfilment of a specific task. It lacked a predictable content and the servant’s manpower was constantly subject to the master’s disposition.233 Regarding the consequences of the master-servant contract, Winroth thus noted that the time limit was determined in advance, but the very object of the agreement concerned unspecified work contributions.At the same time he emphasised that the servant’s duty of obedience was not unbound, although it was unspecified. Legislation as well as equity (Sw. lag och billighet) set certain limits, and the master’s order must be reasonable.The c o n t i n u i t y a n d c o n t r ac t 109 232 Winroth 1878, pp. 5, I-III, fn 2. See also Sundell 1987, pp. 174-175. 233 Winroth 1878, p. 2.
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