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
