The Humber Ferryman's case

Bukton v Tounesende or The Humber Ferryman's case (1348) B&M 358[1] is an English contract law case.

The Humber Ferryman's case
The Humber estuary
CourtCourt of King's Bench
Keywords
Contract, remedies

Facts

Nicholas Tounesende of Helle undertook to ferry John Bukton's horse across the Humber estuary. 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 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

Notes
  1. J Baker and Milsom, Sources of English Legal History (1986) 358

References
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