Stilk v Myrick

Stilk v Myrick [1809] EWHC KB J58 is an English contract law case heard in the King's Bench on the subject of consideration. In his verdict, the judge, Lord Ellenborough decided that in cases where an individual was bound to do a duty under an existing contract, that duty could not be considered valid consideration for a new contract. It's Ratio decidendi was limited by Williams v Roffey Bros & Nicholls (Contractors) Ltd in which the Court of Appeal suggested that it ‘involved circumstances of a very special nature’ and that ‘[t]here were strong public policy grounds at that time to protect the master and owners of a ship’ (per Purchas LJ). It was also suggested that situations formerly handled by consideration could instead be handled by the doctrine of economic duress.