CUTTER V POWELL

(1795) JELR 80181 (KB)    
King's Bench  ·  9 Jun 1795 ·  United Kingdom
 · 
Other Citations
: 101 ER 573, Cutter v Powell [1795] EWHC KB J13
CORAM
Lord Kenyon Ch.J,Ashhurst J ,Grose J,Lawrence J.
Core Terms Beta
plaintiff
defendant
case
parties
voyage
whole voyage
condition precedent
contracts
duty
decision of this case
defendant's testator
laws of oleron
quantum meruit
terms of the contract
whole duty
ashhurst j.
body of men
case of chandler v
case of the impressed man
commercial world
common case of an hired servant
common pleas
common rate of wages
contracts of this kind
court of common pleas
defendant's promise
different sense
express contract none
general known rule of law
general understanding
given duty
great importance
grose j.
kind of notes
larger sum
late case
lawrence j.
laws
leading judgment
lord kenyon ch
marine contracts
mercantile world
particular words of this contract
place of the impressed man
precise facts
received opinion
second mate
strong case
whole of that duty
written contract

Lord Kenyon Ch.J (reading the leading judgment)

I should be extremely sorry that in the decision of this case we should determine against what had been the received opinion in the mercantile world on contracts of this kind, because it is of great importance that the laws by which the contracts of so numerous and so useful a body of men as the sailors are supposed to be guided should not be overturned. Whether these kind of notes are much in use among the seamen, we are not sufficiently informed; and the instances now stated to us from Liverpool are too recent to form any thing like usage. But it seems to me at present that the decision of this case may proceed on the particular words of this contract and the precise facts here stated, without touching marine contracts in general. That where the parties have come to an express contract none can be implied has prevailed so long as to be reduced to an axiom in the law. Here the defendant expressly promised to pay the intestate thirty guin…

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