Examination Timing: 00H00M05S
Captain Blake, upon arrival in Tahiti, faced a crisis when half his crew deserted the ship 'The Voyager'. Blake promised the remaining sailors an additional payment due to the increased risk of sailing back to England with a reduced crew. Upon their return to Southampton, the ship owners refused to honour this promise, arguing that the sailors were already contractually obligated to handle such situations.
Is the sailors' agreement to continue the voyage valid consideration to enforce the captain's promise?
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In this scenario, the sailors' agreement to continue the voyage back to England despite the increased danger constitutes valid consideration, making the captain's promise enforceable. The precedent set by Hartley v Ponsonby (1857) 7 E & B 872 supports this view, where it was held that if the circumstances significantly change and the voyage becomes hazardous beyond normal expectations, the sailors' continued service exceeds their contractual obligations. Therefore, their agreement to continue constitutes new consideration, justifying the promise of additional payment.
Key Point: Contractual consideration requires new value to be given for a promise to be enforceable. When conditions change dramatically, and the original contract does not cover the new risks, the additional agreement and the promise of extra payment become binding due to the new consideration provided.
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