''The Medina'' (1876) 2 PD 5 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, regarding the voidability of an agreement and a restitutionary award where the court finds that agreement is procured under extortionate circumstances.

Facts

On a voyage from

Singapore Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, borde ...

Jeddah Jeddah ( ), also spelled Jedda, Jiddah or Jidda ( ; ar, , Jidda, ), is a city in the Hejaz region of the Kingdom of Saudi Arabia (KSA) and the country's commercial center. Established in the 6th century BC as a fishing village, Jeddah's pro ...

, ''The Medina'' hit

Parkin Rock Parkin may refer to: * Parkin (cake), a type of cake * Parkin (protein), a ligase * Parkin (surname), people with the surname ''Parkin'' * Parkin, a brand name of the drug trihexyphenidyl * Parkin, a brand name of the drug profenamine Places * P ...

, part of the

Hanish Islands The Hanish Islands ( ar, جزر حنيش, ) is an archipelago in the Red Sea consisting of a trio of major islands at the centre of an array of smaller islets and rocks. The three major islands are the northern Zuqar Island, the southern Great ...

in the

Red Sea The Red Sea ( ar, البحر الأحمر - بحر القلزم, translit=Modern: al-Baḥr al-ʾAḥmar, Medieval: Baḥr al-Qulzum; or ; Coptic: ⲫⲓⲟⲙ ⲛ̀ϩⲁϩ ''Phiom Enhah'' or ⲫⲓⲟⲙ ⲛ̀ϣⲁⲣⲓ ''Phiom ǹšari''; T ...

, and was wrecked. It had 550 pilgrims on board, who were taken by lifeboats to the rocks. ''The Timor'' answered a distress signal but refused to take the refugees to Jedda unless the master of ''The Medina'' paid £4000. The master agreed. But when they were safe, the master refused to pay. The captain of ''The Timor'' claimed the money in court.

Judgment

The Court of Appeal held that the £4000 was excessive, and so only £1800 would be awarded. James LJ said it was ‘a very exorbitant sum for only a few days’ work… having regard to the particular circumstances, that pressure was exercised’. Baggallay JA said it was ‘very large in comparison with the services rendered’ leading ‘to the conclusion that there may have been some unfair dealing’. The ‘captain of the Medina was bound to accept any terms which were pressed upon him by the Timor. Brett JA said the standard rule is that,

where there is an agreement made by competent persons and there is no misrepresentation of facts, the agreement ought to be upheld, unless there is something very strong to shew that it is inequitable.

Promising to pay when there are 550 stranded people was "compulsion to the mind of any honest man".

Notes

{{reflist, 2

References

* English contract case law English unjust enrichment case law Court of Appeal (England and Wales) cases 1876 in British law 1876 in case law

Facts

Judgment

See also

Notes

References