The Medina
Encyclopedia
The Medina 2 PD 5 is an English contract law
case, regarding the voidability of an agreement and a restitutionary award where the court finds that agreement is procured under extortionate circumstances.
to Jeddah
, The Medina hit Parkin Rock, part of the Hanish Islands
in the Red Sea
, 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.
James LJ said it was ‘a very exhorbitant 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,
Promising to pay when there are 550 stranded people was ‘compulsion to the mind of any honest man’
English contract law
English contract law is a body of law regulating contracts 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 across the Commonwealth , and the United States...
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 SingaporeSingapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
to Jeddah
Jeddah
Jeddah, Jiddah, Jidda, or Jedda is a city located on the coast of the Red Sea and is the major urban center of western Saudi Arabia. It is the largest city in Makkah Province, the largest sea port on the Red Sea, and the second largest city in Saudi Arabia after the capital city, Riyadh. The...
, The Medina hit Parkin Rock, part of the Hanish Islands
Hanish Islands
The Hanish Islands are an island group in the Red Sea. Most of them are a part of Yemen, but before 1998–1999 they were claimed by Eritrea as well. After a long trial with an international court under the guidance of Dr...
in the Red Sea
Red Sea
The Red Sea is a seawater inlet of the Indian Ocean, lying between Africa and Asia. The connection to the ocean is in the south through the Bab el Mandeb strait and the Gulf of Aden. In the north, there is the Sinai Peninsula, the Gulf of Aqaba, and the Gulf of Suez...
, and was wrecked. It had 550 pilgrims
Pilgrims
Pilgrims , or Pilgrim Fathers , is a name commonly applied to early settlers of the Plymouth Colony in present-day Plymouth, Massachusetts, United States...
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 exhorbitant 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,
Promising to pay when there are 550 stranded people was ‘compulsion to the mind of any honest man’
See also
- Boardman v Phipps
- Alec Lobb Garages Ltd v Total Oil (GB) Ltd [1985] 1 WLR 173
- Interfoto v Stiletto