“Performance exceeding contractual duty constitutes consideration if substantially more onerous.”
The court held for the crew. The promise of extra pay was enforceable as valid consideration existed.
Seventeen of thirty-six crew members deserted a ship, leaving it dangerously undermanned. The captain promised extra pay to remaining crew who agreed to sail the ship home with the reduced complement.
Whether the crew's agreement to sail with reduced numbers constituted valid consideration for the promise of extra pay, given their existing contractual duty to complete the voyage.
The court distinguished Stilk v Myrick, finding that sailing with such a reduced crew was so substantially different and more dangerous than the original contractual obligation that it constituted fresh consideration.
Establishes important exception to the rule that performance of existing contractual duty cannot constitute consideration. Shows courts will find consideration where performance becomes substantially different from original obligation.
Where performance of contractual duties becomes substantially more onerous than originally contemplated, this can constitute valid fresh consideration for additional promises.
The court held that the crew could recover the extra pay as their agreement to sail dangerously undermanned constituted valid consideration.
It establishes a crucial exception to the existing duty rule, showing that substantially different performance can constitute valid consideration for additional promises.
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Try the free SQE1 diagnosticThe case suggests that where performance becomes substantially more onerous than originally contemplated, it may constitute valid consideration.
OSCOLA Citation
Hartley v Ponsonby (1857) 7 E & B 872
Read the judgment for Hartley v Ponsonby as published by The National Archives (Find Case Law).
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[2026] UKSC 1
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