''Bukton v Tounesende'' or ''The Humber Ferryman's case'' (1348) B&M 358
[J Baker and Milsom, ''Sources of English Legal History'' (1986) 358] 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 ...
case.
Facts
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
The King's Bench (), or, during the reign of a female monarch, the Queen's Bench ('), refers to several contemporary and historical courts in some Commonwealth jurisdictions.
* Court of King's Bench (England), a historic court court of commo ...
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.
See also
*
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 ...
Notes
{{reflist, 2
References
*
External links
*http://aalt.law.uh.edu/E3/KB27no354/aKB27no354mm1toEnd/IMG_6975.htm
English contract case law
1340s in law
1348 in England