The Humber Ferryman's case

The Humber Ferryman's case
File:Foreshore posts - geograph.org.uk - 569251.jpg The River Humber
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, concerning the .

Facts

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

• English contract law