Nicholas Tounesende of Helle undertook to ferry 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 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.
humber, ferryman, case, bukton, tounesende, 1348, english, contract, case, river, humbercourtcourt, king, benchkeywordscontract, remedies, contents, facts, judgment, also, notes, references, external, linksfacts, editnicholas, tounesende, helle, undertook, fer. Bukton v Tounesende or The Humber Ferryman s case 1348 B amp M 358 1 is an English contract law case The Humber Ferryman s caseThe River HumberCourtCourt of King s BenchKeywordsContract remedies Contents 1 Facts 2 Judgment 3 See also 4 Notes 5 References 6 External linksFacts EditNicholas Tounesende of Helle undertook to ferry 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 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 EditThe 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 See also EditEnglish contract lawNotes Edit J Baker and Milsom Sources of English Legal History 1986 358References EditExternal links Edithttp aalt law uh edu E3 KB27no354 aKB27no354mm1toEnd IMG 6975 htm Retrieved from https en wikipedia org w index php title The Humber Ferryman 27s case amp oldid 1128005123, wikipedia, wiki, book, books, library,
