Stilk v Myrick
| Jurisdiction | England & Wales |
| Judgment Date | 16 December 1809 |
| Date | 16 December 1809 |
| Court | High Court |
English Reports Citation: 170 E.R. 1168
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS
Stilk
and
Myrick
S. C. 6 Esp. 129.
Saturday, Dec 16, L809. stilk v. mtbick (In the course of a voyage some of the seamen desert, and the captain riot being able to find others to supply their place, promises to divide the wages which would have become due to them among the remainder of the crew. This piomise is void for want of consideration.) [S. C. 6 Esp. 129.] This was an action for seaman's wages, on a voyage from London to the Baltic and back. By the ship's articles, executed before the commencement [318] of the voyage, the plaintiff was to be paid at the rate of 5 a month , and the principal question in the cause was, whether he was entitled to a higher rate of wages ?-In the course of the voyage two of the seamen deserted , and th? captain having in vain attempted to supply their places at Uronstadt, there entered into an agreement with the rest of the crew, that they should have the wages of the two who had deserted equally within two months of the suing out of the commission, Sir S Ronully's Act, 46 Geo. Ill c 135, s. 1, having rendered valid and effectual, notwithstanding any secret act of bankruptcy, all conveyances by. all payments by and to, and all contracts and other dealings and transactions by and with any bankrupt, bona fide made or entered into more than two calendar...
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64 cases
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Williams v Roffey Bros & Nicholls (Contractors) Ltd
...consideration for the agreement. 35Mr. Evans relies on the principle of law which, traditionally, is based on the decision in Stilk v. Myrick (1809) 2 Camp. 317. That was a decision at first instance of Lord Ellenborough C.J. On a voyage to the Baltic, two seamen deserted. The captain agree......
- Hanafiah, Raslan, Mohamed & Partners v Weng Lok Mining Company Ltd
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Alval Ltd v Attorney General of Jamaica
...original contract, for consideration. 84 Parol contracts require consideration. This was the basis of the decision in the leading case of Stilk v Myrick (1809) 2 Camp 317. There is no consideration if all the claimant does is to perform or promise to perform an obligation already imposed o......
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Basanta-Henry, Audrey and Others v National Commercial Bank Jamaica Ltd
...and therefore any promise in these circumstances produced no consideration. The defendant's counsel cited the seminal case of STILK v MYRICK 1809 2 CAMP 317 as authority for the proposition that without consideration there can be no agreement. In that well known case, two (2) sailors had de......
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2 firm's commentaries
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Complex Commercial Litigation Law Review – England and Wales
...the requirements of which are outside the scope of this chapter (but which include certain specific formalities).10 Stilk v. Myrick (1809) 2 Camp 317.11 Williams v. Roffey Bros [1989] EWCA Civ 5.12 See, for example, South Caribbean Trading Ltd v. Trafigura Beheer BV [2004] EWHC 2676; Adam O......
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Complex Commercial Litigation Law Review - Fifth Edition - England & Wales
...the requirements of which are outside the scope of this chapter (but which include certain specic formalities).10 Stilk v. Myrick (1809) 2 Camp 317.11 Williams v. Roey Bros [1989] EWCA Civ 5.12 See, for example, South Caribbean Trading Ltd v. Tragura Beheer BV [2004] EWHC 2676 and Adam O......
9 books & journal articles
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Contract formation
...Pte Ltd v Ong & Ong Pte Ltd [2014] SGCA 5 at [43] and [51]. 209 Stilk v Myrick (1809) 2 Camp 317 at 319–320, per Lord Ellenborough CJ [170 ER 1168 at 1169]; hornton v Jeynes (1840) 1 Man & G 166 [133 ER 201]; Foakes v Beer (1884) 9 App Cas 605; Vanbergen v St Edmunds Properties Ltd [1933] 2......
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Consideration and Form
...was “void for want of consideration.” 163 158 (1791), Peake 101, 170 ER 94 (Nisi Prius). 159 Ibid at 94 (ER). 160 (1809), 2 Camp 317, 170 ER 1168 (Nisi Prius) [ Stilk v Myrick ]. 161 Ibid at 1169 (ER). 162 Ibid . The result would be otherwise if, before departure, it was apparent that the v......
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ENVISIONING THE JUDICIAL ABOLITION OF THE DOCTRINE OF CONSIDERATION IN SINGAPORE
...have been enforceable. 45 Port Jackson Stevedoring Pty Ltd v Salmond & Spraggon (Aust) Pty Ltd (1978) 139 CLR 231. 46 Stilk v Myrick (1809) 2 Camp 317. 47 Foakes v Beer (1884) 9 App Cas 605. 48 [1991] 1 QB 1. 49 In Re Selectmove [1995] 1 WLR 474. 50 Musumeci v Winadell Pty Ltd (1994) 34 NSW......
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Creation and Modification of the Employment Relationship
...or, in the case of the employer, of giving lawful notice of termination. 52 Al-48 Examples; Stilk v. Myrick (1809), 2 Camp. 317, 170 E.R. 1168 (C.P.); Gilbert Steel Ltd. v. University Construction Ltd. (1976), 67 D.L.R. (3d) 606 (Ont. C.A.), which involved a construction contract. But quaer......
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