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Hartley v Ponsonby [1857]


  • 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


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


  • Yes, promise was enforceable


  • 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
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