It was held that the sailors had signed up for the entire voyage and in doing so had agreed to cope with the normal contingencies of that voyage, which could include desertions, in this case… This ground was strongly taken by Lord Kenyon in Harris v. Watson, Peak. Get 2 points on providing a valid reason for the above However, underlying the offer and acceptance is consideration, without which the contract cannot be formed. Stilk v Myrick. But the desertion of a part of the crew is to be considered an emergency of the voyage as much as their death; and those who remain are bound by the terms of their original contract to exert themselves to the utmost to bring the ship in safety to her destined port. ACTS. The mariners were not to be permitted on any sudden danger to force concessions from the captain; but why should they be deprived of the compensation he voluntarily offers them in perfect security for their extra labour during the remainder of the voyage? Stilk v Myrick England and Wales High Court (King's Bench Division) (16 Dec, 1809) 16 Dec, 1809; Subsequent References; Similar Judgments; Stilk v Myrick [1809] EWHC KB J58 170 ER 1168. His contract said that he would be paid £5 per month in return for doing everything that was needed in the voyage. It is possible, as was suggested in Williams, that a modern court would find: . The court in Williams v Roffey Brothers took the view that fresh consideration was present, in a promise for additional payment to the contractor in order to ensure the completion of the original contract. During this time, two of its crew deserted it. Action for seaman's wages: The plaintiff entered on board the defendant's ship at Shields, and was to have the monthly wages of 6, 3s. Judgment. 72, where that learned Judge held, that no action would lie at the suit of a sailor on a promise of a captain to pay him extra wages, in consideration of his doing more than the ordinary share of duty in navigating the ship; and his Lordship said, that if such a promise could be enforced, sailors would in many cases suffer a ship to sink unless the captain would accede to any extravagant demand they might think proper to make. In-house law team. contains alphabet), England and Wales High Court (King's Bench Division). His contract said that he would be paid £5 per month in return for doing everything that was needed in the voyage. McKendrick E, Contract Law: Text, Cases, and Materials (5th edn, Oxford University Press 2012). 11th Jun 2019 Company Registration No: 4964706. Garrow and Reader for the defendant. Consideration essentially represents an obligation on a contractual party for the receipt of the benefit under the contract. Held: The court contrasted this case to the judgment in Stilk v Myrick. The Attorney-General and Espinasse for the plaintiff. IN THE HIGH COURT OF JUSTICEKING'S BENCH DIVISION, The Attorney-General and Espinasse for the plaintiff. Stilk v Myrick [1809] EWHC KB J58 King's Bench Division The claimant was a seaman on a voyage from London to the Baltic and back. The remaining nine refused to work, and pressed the captain for higher wages. Before confirming, please ensure that you have thoroughly read and verified the judgment. Stilk v Myrick is a case that was decided over 200 years ago but nonetheless the principle that it developed remains a core feature of the law of contract and more particularly that of consideration. This could also be construed as a greater benefit to the captain that the ship was returned to London as opposed to being docked overseas. Campbell was, in this respect, highly regarded and his reports are described as frequently going beyond that of mere reporting of the facts and decision. Get 1 point on adding a valid citation to this judgment. Nonetheless there are those that argue fresh consideration can often be located in the circumstances surrounding the case. The subcontractor has gone over and above his duty by way of judges viewed the case as having two contracts and the additional duty was being carried out under the second contract of 10,300 pound. The Judgment was inspired by a preceding case Harris v. Watson. The subcontractor has gone over and above his duty by way of judges viewed the case as having two contracts and the additional duty was being carried out under the second contract of 10,300 pound. L.L.B Email: 12BA042@nluo.ac.in FEBRUARY 2013 This case analysis forms a part of the internal assignment and was assigned by the subject Professor Mr Rangin Pallav Tripathy. 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