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Stilk v. Myrick: Difference between revisions
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|arguments=Myrick's side: The captain's attorney argued that the contract was contrary to public policy & thus void. Sailing crews are commonly thinned out by death or desertion. This outcome was anticipated by the captain. Furthermore, allowing extra wages for the remaining crews would result in '''exorbitant demands'''. | |arguments=Myrick's side: The captain's attorney argued that the contract was contrary to public policy & thus void. Sailing crews are commonly thinned out by death or desertion. This outcome was anticipated by the captain. Furthermore, allowing extra wages for the remaining crews would result in '''exorbitant demands'''. | ||
|holding=No. A contract for services can't be modified without additional consideration. | |holding=No. A contract for services can't be modified without additional consideration. | ||
|reasons=The judge rejected the extra labor of the remaining crew members as consideration. | |||
|rule=Pre-existing duty rule | |rule=Pre-existing duty rule | ||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
Revision as of 14:19, June 25, 2023
| Stilk v. Myrick | |
| Court | Court of Common Pleas |
|---|---|
| Citation | |
| Date decided | 1809 |
Facts
Stilk (plaintiff) took a job on a ship traveling from London, England, through the Baltic Sea to St. Petersburg, Russia & back. The contract required him to be paid £ 5 /month (5 British pounds per month).
2 sailors ditched their ship in St. Petersburg, Russia. The British captain promised their wages to the remaining crew members.
Procedural History
Stilk sued in the High Court of Justice, King's Bench Division.
Issues
Can a contract for services be modified without additional consideration?
Arguments
Myrick's side: The captain's attorney argued that the contract was contrary to public policy & thus void. Sailing crews are commonly thinned out by death or desertion. This outcome was anticipated by the captain. Furthermore, allowing extra wages for the remaining crews would result in exorbitant demands.
Holding
No. A contract for services can't be modified without additional consideration.
Reasons
The judge rejected the extra labor of the remaining crew members as consideration.
Rule
Pre-existing duty rule
