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Stilk v Myrick (1809)
This case establishes a crucial principle of contract law concerning consideration. Understanding this case requires grasping the concept of pre-existing duty.
I. The Facts:
III. The Court's Decision (Lord Ellenborough's Ruling):
Stilk could only recover the original £5 per month agreed upon in the initial contract. The captain's promise of extra wages was unenforceable because it lacked consideration.
This case establishes a crucial principle of contract law concerning consideration. Understanding this case requires grasping the concept of pre-existing duty.
I. The Facts:
- Original Contract: Stilk (plaintiff) agreed to work as a seaman for £5/month on a round trip from London to the Baltic. This was a legally binding contract.
- The "Emergency": Two crew members deserted during the voyage.
- The New Agreement: The captain promised to divide the deserters' wages among the remaining crew if they completed the voyage. Stilk agreed.
- The Dispute: The captain (defendant) refused to pay Stilk's share of the extra wages.
III. The Court's Decision (Lord Ellenborough's Ruling):
- No Consideration: The court found that the seamen's agreement to complete the voyage was not sufficient consideration for the captain's promise of extra pay. Why? Because they were already contractually obligated to complete the voyage, even under emergencies like desertion. Their undertaking to do what they already legally had to do is not new consideration.
- Pre-existing Duty: The court deemed the seamen's act of completing the voyage a pre-existing duty. They were already bound by their original contract to deal with emergencies and complete the voyage. The desertion, therefore, did not change the obligation. The fact that the work was arguably harder is irrelevant. It was simply fulfilling their original contract.
- Consideration: Something of value exchanged by each party to a contract, making it legally binding. This must be new, not something already owed.
- Pre-existing Duty: A legal obligation already in existence. Performing a pre-existing duty is generally not considered valid consideration for a new promise.
- Emergency: The desertion of the crew was considered an "emergency" of the voyage, which the remaining crew were already contractually bound to address.
Stilk could only recover the original £5 per month agreed upon in the initial contract. The captain's promise of extra wages was unenforceable because it lacked consideration.
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