''Creen v Wright'' (1875–76) LR 1 CPD 591 is an

English contract law English contract law is the body of law that regulates legally binding agreements 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 ...

and

labour law Labour laws (also spelled as labor laws), labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship be ...

case concerning wrongful dismissal and the appropriate period of reasonable notice to be implied at common law in a

contract of employment An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer". It has arisen out of the old m ...

Facts

Mr. Creen was a master mariner, in command of Mr. Wright's ship under a written agreement. This said, “I hereby accept the command of the ship City Camp on the following terms: Salary to be at and after the rate of 180l. sterling per annum... Should owners require captain to leave the ship abroad, his wages to cease on the day he is required to give up the command, and the owners have the option of paying or not paying his expenses travelling home... Wages to begin when captain joins the ship.” Mr. Creen had arrived at

Liverpool Liverpool is a port City status in the United Kingdom, city and metropolitan borough in Merseyside, England. It is situated on the eastern side of the River Mersey, Mersey Estuary, near the Irish Sea, north-west of London. With a population ...

and discharged some cargo. More was loaded on when on 10 August 1875 Mr. Wright without notice or justifiable cause, purported to dismiss Mr. Creen. He argued that Mr. Creen was not entitled to any notice. The first instance just agreed that without any evidence of custom of notice periods in the trade (as there was with clerks and servants) Mr. Creen was not entitled to notice. He appealed. The submissions of counsel were reported as follows.

Judgment

Lord Coleridge CJ held that Mr. Creen could not (except under unusual circumstances) be dismissed without a reasonable notice. He delivered the judgment of the court (Archibald LJ and

Lindley LJ Nathaniel Lindley, Baron Lindley, (29 November 1828 – 9 December 1921) was an English judge. Early life He was the second son of the botanist Dr. John Lindley, born at Acton Green, London. From his mother's side, he was descended from Sir Edw ...

Notes

{{reflist, 2 United Kingdom labour case law English implied terms case law Lord Lindley cases 1876 in case law 1876 in British law

Facts

Judgment

See also

Notes