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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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