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Stilk V. Myrick: A Contract Law Case

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Introduction This case discusses the issue raised in Stilk v. Myrick [1809] 2 Campbell 317, 170 E.R. 1168. It discusses the contents of an English contract law case. Stilk and Myrick entered a contract where Stilk agreed to work for Myrick for five pounds a month. After the ship docked at Cronstadt, two sailors deserted the ship. The captain, after failing to find replacements, agreed to divide between the rest of the sailors the two men’s wages, if the sailors would take over the two men’s duties as well as their own. After arriving at home port, the captain then refused to pay the men what he had promised them.
Analysis
Issue: Was there sufficient consideration for the extra wages promised by Myrick?
A contract is an agreement done by two parties who are willing to enter into a legally binding relation. For …show more content…

Watson, sailors were not awarded higher wages despite taking over the job of more sailors as this entices extortion. If otherwise, sailors are able to threaten captains and demand for higher wages before bringing the ship home safely. Hence, such an act would not be reasonable and the court rule it as not enforceable.
However, if it is in the case of Hartley v Ponsonby, whereby 17 sailors deserted the ship, leaving only 6 competent sailors on board the ship, the ship is deemed to be unseaworthy. Comparing to the precedent law case, Stilk v Myrick, the judge ruled in favour towards to sailor, Hartley, and eventually, Ponsonby as the captain had to pay the extra wages as promised. This is because the captain needed the 6 sailors in order to be able to bring the ship to the port, hence the court found sufficient consideration, which is an executed consideration.

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