The Humber Ferryman's case
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''Bukton v Tounesende'' or ''The Humber Ferryman's case'' (1348) B&M 358J Baker and Milsom, ''Sources of English Legal History'' (1986) 358 is an English contract law case.


Facts

Nicholas Tounesende of Helle undertook to ferry John Bukton's horse across the
Humber The Humber is a large tidal estuary on the east coast of Northern England. It is formed at Trent Falls, Faxfleet, by the confluence of the tidal rivers Ouse and Trent. From there to the North Sea, it forms part of the boundary between t ...
river. Tounesende overloaded the boat with horses and Bukton’s
horse The horse (''Equus ferus caballus'') is a domesticated, one-toed, hoofed mammal. It belongs to the taxonomic family Equidae and is one of two extant subspecies of ''Equus ferus''. The horse has evolved over the past 45 to 55 million yea ...
fell overboard. Bukton sued in
tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
, for
trespass Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, woundi ...
. 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 had travelled away from
Westminster Westminster is an area of Central London, part of the wider City of Westminster. The area, which extends from the River Thames to Oxford Street, has many visitor attractions and historic landmarks, including the Palace of Westminster, B ...
and had arrived in
York York is a cathedral city with Roman origins, sited at the confluence of the rivers Ouse and Foss in North Yorkshire, England. It is the historic county town of Yorkshire. The city has many historic buildings and other structures, such as a ...
.


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


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