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Chapter 2




               Performance of an existing contractual duty can be good consideration in the
               following situations:

                    If the existing duty is exceeded.



                  Illustration 11 – Consideration



                  HARTLEY v PONSONBY 1857

                  Facts:

                  A large number of seamen deserted from a ship making the ship undermanned
                  and hence unseaworthy. The captain offered extra pay to the remaining seamen
                  if they would complete the voyage.

                  Held:

                  The promise of more money was recoverable by the seamen as they were
                  involved in a dangerous situation and were doing more than they had originally
                  contracted to do.












































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