Lord Ellenborough's judgment read:
|“||I think Harris v Watson was rightly decided; but I doubt whether the ground of public policy, upon which Lord Kenyon is stated to have proceeded, be the true principle on which the decision is to be supported. Here, I say, the agreement is void for want of consideration. There was no consideration for the ulterior pay promised to the mariners who remained with the ship. Before they sailed from London they had undertaken to do all that they could under all the emergencies of the voyage. They had sold all their services till the voyage should be completed. If they had been at liberty to quit the vessel at Cronstadt, the case would have been quite different; or if the captain had capriciously discharged the two men who were wanting, the others might not have been compellable to take the whole duty upon themselves, and their agreeing to do so might have been a sufficient consideration for the promise of an advance of wages. But the desertion of a part of the crew is to be considered an emergency of the voyage as much as their death; and those who remain are bound by the terms of their original contract to exert themselves to the utmost to bring the ship in safety to her destined port. Therefore, without looking to the policy of this agreement, I think it is void for want of consideration, and that the plaintiff can only recover at the rate of £5 a month.||”|
Read more about this topic: Stilk V Myrick
Other articles related to "judgment, judgement, judgments":
Judgement (or judgment) is the evaluation of evidence in the making of a decision. The term has four distinct uses:
- Informal - Opinions expressed as facts.
- Informal and psychological – used in reference to the quality of cognitive faculties and adjudicational capabilities of particular individuals, typically called wisdom or discernment.
- Legal – used in the context of legal trial, to refer to a final finding, statement, or ruling, based on a considered weighing of evidence, called "adjudication". See spelling note for further explanation.
- Religious – used in the concept of salvation to refer to the adjudication of God in determining Heaven or Hell for each and all human beings.
... In mathematical logic, a judgment can be for example an assertion about occurrence of a free variable in an expression of the object language, or about provability of a proposition (either ... Judgments are used for example in formalizing deduction systems a logical axiom expresses a judgment, premises of a rule of inference are formed as a sequence of judgments, and ... Also the result of a proof expresses a judgment, and the used hypotheses are formed as a sequence of judgments ...
... distinguishes between the personal judgment occurring immediately after death and the final judgment by the Lord ... Judgment is based only on the balance between good deeds and sins during the whole of life, indicating that the book was influenced by Pharisaism ... Souls enter bliss or punishment immediately after the first judgment, while waiting for the Lord's coming, but the intercession of the saints makes it possible that, for some ...
... said the following “ Lord Justice Geoffrey Lane in a dissenting judgment, which for my part I find convincing, adopted the conventional approach ...
... Judgment Day (2006) was the eighth annual Judgment Day professional wrestling pay-per-view event produced by World Wrestling Entertainment (WWE) ...
Famous quotes containing the word judgment:
“Under your good correction, I have seen
When, after execution, judgment hath
Repented oer his doom.”
—William Shakespeare (15641616)
“For why should my liberty be subject to the judgment of someone elses conscience?”
—Bible: New Testament, 1 Corinthians 10:29.
Paul. His belief is that, out of charity, one should not offend the conscience of another.
“We watched her jug a hare, once, on television, years ago.... The hare had been half rotted, then cremated, then consumed. If there is a god and she is of the rabbit family, then Saskia will be in deep doo- doo on Judgment Day.”
—Angela Carter (19401992)