Is a contract to increase the wages of a deserted crew member unenforceable?
British Columbia, Canada
The following excerpt is from Rosas v. Toca, 2018 BCCA 191 (CanLII):
In Stilk v. Myrick, two members of a sailing crew had deserted and the defendant captain promised the remaining crew members, of which the plaintiff was one, that he would increase their wages upon their return to London. The contract to pay additional wages was unenforceable for lack of consideration as the plaintiff crew member had already been under an obligation to do his utmost to allow the ship to reach her destination, including in the case of emergencies such as when crew members die or desert.
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