Stilk v Myrick [1809]

Facts

  • At the half way point of a journey, 2 of 12 crew members deserted the captain’s ship
  • The captain promised that the wages of the deserters would be split between the remaining crew if they sailed the ship back home
  • The captain later refused to pay

Issue

  • Was the sailing of the ship consideration for the captains promise of extra money

Decision

  • No claim

Reasoning

  • The sailors were already obliged to sail the ship, therefore there was no consideration for the extra money
RELATED CASE  North Ocean Shipping v Hyundai Construction Ltd [1979]

Posted in Contract Law Revision Notes.

This page was last updated on 18th January 2014

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