Hartley v Ponsonby [1857]

Facts

  • In a similar case to that of Stilk v Myrick [1809], 17 of 36 sailors deserted the captains ship
  • The captain promised to pay the remaining 1/2 crew more if they sailed the ship back home
  • The captain later refused to pay extra

Issue

  • Was the promise to pay extra supported by the crew’s consideration of sailing the ship back

Decision

  • Yes, promise was enforceable

Reasoning

  • As the lack of crew made the journey dangerous, the crew had performed beyond their existing duties
  • The change in crew members abandoned the old contract and the remaining crew negotiated a new contract
RELATED CASE  Gibson v Manchester City Council [1978]

Posted in Contract Law Revision Notes.

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