| The Humber Ferryman's case | |
|---|---|
 The Humber estuary | |
| Court | Court of King's Bench |
| Keywords | |
| Contract, remedies | |
Bukton v Tounesende or The Humber Ferryman's case (1348) B&M 358 is an English contract law case.
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
| Remedies cases | |
|---|---|
| Robinson v Harman (1848) 1 Exch 850 | |
| Peevyhouse v. Garland Coal & Mining Co., 382 P 2d 109 (1962) | |
| Ruxley Electronics Ltd v Forsyth | |
| Anglia Television Ltd v Reed 1 QB 60 | |
| Chaplin v Hicks 2 KB 786 | |
| Jarvis v Swans Tours Ltd | |
| Farley v Skinner | |
| Hadley v Baxendale | |
| The Achilleas | |
| British Westinghouse Ltd v Underground Ltd AC 673 | |
| Banco de Portugal v Waterlow | |
| Saamco v York Montague Ltd | |
| Sky Petroleum v VIP Petroleum 1 WLR 576 | |
| Patel v Ali Ch 283 | |
| Cooperative Insurance Ltd v Argyll Ltd | |
| Attorney General v Blake | |
| Wrotham Park Ltd v Parkside Homes Ltd 1 WLR 798 | |
| Surrey CC v Bredero Homes Ltd | |
| Rowland v Divall 2 KB 500 | |
| Dies v British Mining and Finance Corp Ltd 1 KB 724 |
Notes
- J Baker and Milsom, Sources of English Legal History (1986) 358