''Creen v Wright'' (1875–76) LR 1 CPD 591 is an

English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ...

and

labour law Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, ...

case concerning

wrongful dismissal In law, wrongful dismissal, also called wrongful termination or wrongful discharge, is a situation in which an employee's contract of employment has been terminated by the employer, where the termination breaches one or more terms of the contra ...

and the appropriate period of reasonable notice to be implied at common law in a

contract of employment An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer". It has arisen out of the old ...

Facts

Mr. Creen was a master mariner, in command of Mr. Wright's ship under a written agreement. This said, “I hereby accept the command of the ship City Camp on the following terms: Salary to be at and after the rate of 180l. sterling per annum... Should owners require captain to leave the ship abroad, his wages to cease on the day he is required to give up the command, and the owners have the option of paying or not paying his expenses travelling home... Wages to begin when captain joins the ship.” Mr. Creen had arrived at

Liverpool Liverpool is a city and metropolitan borough in Merseyside, England. With a population of in 2019, it is the 10th largest English district by population and its metropolitan area is the fifth largest in the United Kingdom, with a popul ...

and discharged some cargo. More was loaded on when on 10 August 1875 Mr. Wright without notice or justifiable cause, purported to dismiss Mr. Creen. He argued that Mr. Creen was not entitled to any notice. The first instance just agreed that without any evidence of custom of notice periods in the trade (as there was with clerks and servants) Mr. Creen was not entitled to notice. He appealed. The submissions of counsel were reported as follows.

Judgment

Lord Coleridge CJ John Duke Coleridge, 1st Baron Coleridge, PC (3 December 1820 – 14 June 1894) was an English lawyer, judge and Liberal politician. He held the posts, in turn, of Solicitor General for England and Wales, Attorney General for England and Wales ...

held that Mr. Creen could not (except under unusual circumstances) be dismissed without a reasonable notice. He delivered the judgment of the court (Archibald LJ and Lindley LJ).

Notes

{{reflist, 2 United Kingdom labour case law English implied terms case law Lord Lindley cases 1876 in case law 1876 in British law

Facts

Judgment

See also

Notes