Stilk v Myrick
1809 · 2 Camp 317
Posted By lanbuk.com
- Facts
- Two sailors deserted. The captain promised the rest extra wages to sail the ship home. They did the same work they had already contracted to do.
- Issue
- Was there for the promise of extra pay?
- Held
- No. They were already bound to finish the voyage.
- Principle
- Performance of an existing contractual duty owed to the promisor is not fresh consideration.
- Why it matters
- Hartley v Ponsonby is the contrast, where the voyage became a different enterprise. Later cases have been more generous where there is a practical benefit.
Words and Latin in this note
- Consideration
- The price of a promise: something of value given, or promised, in return. A bare promise to make a gift has none. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.