A Case Analysis on Stilk V Myrick

2594 Words Jul 27th, 2013 11 Pages
CONTRACTS PROJECT
A CASE ANALYSIS ON
Stilk v Myrick
16 December 1809
(1809) 2 Campbell 317
170 E.R. 1168

BY
ROHAN GOSWAMI
NATIONAL LAW UNIVERSITY, ODISHA
ROLL NUMBER: 042
SEMESTER: SECOND SEMESTER
COURSE: B.A. 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.

Issues that would be dealt with in the following case analysis:

* The Law as it stood before the Case, * Properly structured facts of the Case, * Issues before the Court, * Issues which were determine by the Court, * Identifying such issues if any, which the Court did not determine, * Properly stating the
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If they had been at liberty to quit the vessel at Cronstadt, the case would have been quite different; or if the captain had capriciously discharged the two men who were wanting, the others might not have been compellable to take the whole duty upon themselves, and their agreeing to do so might have been a sufficient consideration for the promise of an advance of wages. 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. Therefore, without looking to the policy of this agreement, I think it is void for want of consideration, and that the plaintiff can only recover at the rate of £5 a month.” |
The reasons as identified by the Court for its Decision

“The agreement is void for want of consideration. There was no consideration for the ulterior pay promised to the mariners who remained with the ship.”
Before the start of their sail, crew members had undertaken to cooperate and to do anything in case of emergency till the voyage is complete. Therefore they had sold their services till the completion of the voyage.
The learned Judge mentioned that if they had the liberty to quit the vessel at Gonstsdt, the situation would have been different. In that situation, the other crew members were not been compelled to take the whole duty upon themselves, and if

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