Raggow v Scougall (1915), Facts and Importance

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Raggow v Scougall is a case which is not rarely cited but this case is only cited for the attack on the decision of Stilk v Myrick, now lets see what happened in this case

Facts of Raggow v Scougall

The claimant was employed by the defendants for a period of two years at a certain salary. During the period of contract, war broke out and the defendant’s buisness was detrimentally affected. Rather than clossing the buisness the parties entered into a new agreement under which the claimant agreed to accept a lower salary, until the end of war, when the orignal agreement would be revived .

The claimant accepted the reduced rate, arguing that the defendants had provided no consideration for his promise to accept a lower salary

Decision

Darling J held that the agreement was supposed by consideration and the action therefore failed. He held that the parties had in fact torn up the old agreement and made a new one by mutual consent , and stated that he was glad to be able to arrive at this conclusion because the claimant was seeking to do a very dishonest thing.

Related Readings

Stilk v Myrick

Hanson v Royden

William v Roffey

Hartley v Ponsonby

The Eurymedon