''Harris v. Watson'' was a 1791 case regarding sailors' wages. The

plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the p ...

was a seaman on board the ship Alexander, of which the defendant was master and commander. The Alexander was bound on a voyage to Lisbon, and whilst the ship was on her voyage the defendant, in consideration that the plaintiff would perform some extra work in navigating the ship, promised to pay him five

guineas The guinea (; commonly abbreviated gn., or gns. in plural) was a coin, minted in United Kingdom of Great Britain and Ireland, Great Britain between 1663 and 1814, that contained approximately one-quarter of an ounce of gold. The name came from t ...

over and above his common wages. The plaintiff proved that the ship had been in danger and that the commander, to induce the seamen to exert themselves had made the promise stated in the declaration. The issue was whether the reformation of the contract was enforceable. The reformation of the contract to provide extra wages in exchange for extra work under exigent circumstances was not enforceable for public policy reasons. If such an agreement were enforceable it would enable sailors to act opportunistically while at sea.

Lord Kenyon Lloyd Kenyon, 1st Baron Kenyon (5 October 1732 – 4 April 1802), was a British politician and barrister, who served as Attorney General, Master of the Rolls and Lord Chief Justice. Born to a country gentleman, he was initially educated in Ha ...

at 103: If this action was to be supported, it would materially affect the navigation of this kingdom. It has been long since determined, that when the freight is lost, the wages are also lost. This rule was founded on a principle of policy, for if sailors were in all events to have their wages, and in times of danger entitled to insist on an extra charge on such a promise as this, they would in many cases suffer a ship to sink, unless the captain would pay any extravagant demand they might think proper to make.

References

{{PD-old-text, title=Harris v. Watson, year=1791 1791 in case law 1791 in British law Court of King's Bench (England) cases United Kingdom labour case law English admiralty law United Kingdom labour law 1791 in England Admiralty case law