The Humber Ferryman's case

The Humber Ferryman's case
The River Humber
Court	Court of King's Bench
Keywords
Contract, remedies

Bukton v Tounesende or The Humber Ferryman's case (1348) B&M 358^[1] is an English contract law case, concerning the .

Facts

Nicholas Tounesende of Helle undertook to ferry a John Bukton's horse across the Humber river. Tounesende overloaded the boat with horses and Bukton’s horse fell overboard. Bukton sued in tort, for trespass. There was no sealed document, and under previous law it had been required to sue for breach of a covenant. So the Tounesende argued that the action should be brought in covenant. The King's Bench had travelled away from Westminster and had arrived in York.

Judgment

The King's Bench held the action could rightly be brought in tort. The claim was against the killing of the horse, and not merely the failure to transport it. Accordingly no documentary proof of a covenant was needed.

Remedies cases

Robinson v Harman (1848) 1 Exch 850

Peevyhouse v. Garland Coal & Mining Co., 382 P 2d 109 (1962)

Ruxley Electronics Ltd v Forsyth [1995] UKHL 8

Anglia Television Ltd v Reed [1972] 1 QB 60

Chaplin v Hicks [1911] 2 KB 786

Jarvis v Swans Tours Ltd [1972] EWCA Civ 8

Farley v Skinner [2001] UKHL 49

Hadley v Baxendale [1854] EWHC Exch J70

The Achilleas [2008] UKHL 48

British Westinghouse Ltd v Underground Ltd [1912] AC 673

Banco de Portugal v Waterlow [1932] UKHL 1

Saamco v York Montague Ltd [1996] UKHL 10

Sky Petroleum v VIP Petroleum [1974] 1 WLR 576

Patel v Ali [1985] Ch 283

Cooperative Insurance Ltd v Argyll Ltd [1997] UKHL 17

Attorney General v Blake [2000] UKHL 45

Wrotham Park Ltd v Parkside Homes Ltd [1974] 1 WLR 798

Surrey CC v Bredero Homes Ltd [1993] EWCA Civ 7

Rowland v Divall [1923] 2 KB 500

Dies v British Mining and Finance Corp Ltd [1939] 1 KB 724

see Remedies in English law

English contract law

Notes

↑ J Baker and Milsom, Sources of English Legal History (1986) 358

References

External links

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