DOMESTIC RELATIONS. Domestic relations, as the term itself implies, was originally confined entirely to the law of the household or family, as distinguished from the law as applied to individuals in the external or business concerns of life. There are four great divisions of the law of Domestic Relations: 1, MASTER and SERVANT; 2, HUSBAND and WIFE; 3, PARENT and CHILD; 4, GUARDIAN and WARD. DOMESTIC RELATIONS. 1. MASTER AND SERVANT. ANALYSIS. 1. General statement. 2. Definitions. 3. The contract. 4. Abandonment of service by servants, and "discharge" by master. 5. Rights and remedies of servants wrongfully discharged. 6. Wages and compensation. 7. Excuses for non-performance of service. 8. Trade secrets and inventions. 9. Servant's liability for his own negligence or misconduct 1. While originally confined almost entirely to questions arising in the family or household life, the doctrines of MASTER and SERVANT have now extended far beyond the bounds of domestic relations. This most important, as well as most difficult, questions of this subject are now those which arise in general business life between employer and employe. 2. A MASTER is one who stands to another in such a relation that he not only controls the results of the work of the other, but also may direct the manner in which such work shall be done. Herein lies one of the great differences between the doctrines of master and servant and those of principal and agent. The master may direct, not only what the servant is to do, but how he is to do it. The master may recall his orders, change his mind, or undo what has been done, without making himself liable to the servant for breach of contract. A principal, on the other hand, by contract directs what is to be done, but the agent is entitled to his own discretion as to the means he shall use, unless they are settled by the contract. A SERVANT is one who is employed to render personal services to his employer, otherwise than in pursuits of an independent business. 3. The relation of master and servant depends on CONTRACT, express or implied. The contract is governed by the same principles which apply to contracts generally. For instance, if the contract cannot be performed within a year, it must be in writing. A contract of hiring may be terminated or discharged like any other contract. Where the duration of the service is not stipulated in the contract, in England it is presumed to be for a year, but this may be rebutted. In most jurisdictions in this country such a contract is prima facie terminable at will by either party. Where the contract contains stipulations as to periods of payment, the length of service may be inferred therefrom. A contract for a period "not exceeding" a designated term, has been held to be a contract of indefinite duration. 4. A servant is justified in ABANDONING a contract of service when the master does any act which necessarily prevents performance of the service, when the master refuses to make payment as contemplated, where he reduces the servant's wages, or where he commits an assault on the servant. The servant is not justified in so abandoning the service for mere harsh words, or fault-finding, unless thereby his comfort is reasonably impaired, nor on account of a disagreement with a fellow-servant. A servant who wrongfully abandons a contract is not entitled to compensation for work already performed, if the contract is an entire one. A master may rightfully DISCHARGE a servant for any of the following grounds: Neglect of duty; incapacity to work caused by illness, if the illness is such as will extend over an important portion of the duration of service, or where time of recovery is uncertain, or where the need of the service is urgent; insolence or disrespect towards the master, or towards customers or friends of the latter; intoxication, if it renders the servant at any time unfit for service; gambling, if servant occupies a fiduciary capacity; engaging in other employment; incompetency; disobedience; or anything inconsistent with contract of hiring. The master may waive his rights to discharge the servant, and retention after the occurrence of the ground of discharge is prima facie evidence of such waiver. 5. After a wrongful discharge a servant can, of course, sue for sums actually earned and due by terms of the contract. He may treat the contract as rescinded and sue on a quantum meruit for the value of his services. Again, the servant may treat the contract as continuing and sue for a breach, either at once or at the expiration of the term. The master cannot be compelled by a decree of court to retain a servant in his employ. A servant has a cause of action againt one who maliciously causes his discharge when his contract was for either a certain or uncertain period.` In 6. When amount of WAGES or COMPENSATION is not fixed by the contract, the servant is entitled to the reasonable value of his services. When payment of wages is to depend on a contingency and the contingency does not happen, the servant cannot recover anything, irrespective of the question of benefit to the master. When wages are to depend on profits of business, the servant is not a partner, unless he has some further interest in the capital or business of the master. such cases "profit" means "net profit," and the remedy of servant is by an action at law to recover the value of his services. He can not compel an accounting. Where master promises to pay extra for services within ordinary scope of employment this promise is without consideration. If servant performs extra services not within his ordinary duties, he still cannot recover therefor, if he has performed such services voluntarily. Where the contract is an entire one the servant forfeits all wages due by leaving before the end of his time. Stipulations in contracts for forfeiture of wages, for maintenance, for misconduct, are strictly construed against the master. Such a stipulation if unreasonable is void in many jurisdictions. When nothing is said about time of payment, it is presumed to be at expiration of term. In an action by servant to recover wages, the master may show by way of set-off any |