The Medina

The Medina (1876) 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.

Facts

On a voyage from Singapore 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.

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 exorbitant 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.

Medina

Medina (/məˈdiːnə/; Arabic: المدينة المنورة‎, al-Madīnah al-Munawwarah, "the radiant city"; or المدينة, al-Madīnah, "the city"), also transliterated as Madīnah, is a city in the Hejaz, and the capital of the Al Madinah Region of Saudi Arabia. The city contains al-Masjid an-Nabawi ("the Prophet's Mosque"), which is the burial place of the Islamic prophet Muhammad, and is the second-holiest city in Islam after Mecca.

Medina was Muhammad's destination after his Hijrah from Mecca, and became the capital of a rapidly increasing Muslim Empire, first under Muhammad's leadership, and then under the first four Rashidun caliphs, Abu Bakr, Umar, Uthman, and Ali. It served as the power base of Islam in its first century where the early Muslim community developed. Medina is home to the three oldest mosques, namely the Quba Mosque, al-Masjid an-Nabawi, and Masjid al-Qiblatayn ("the mosque of the two qiblas"). Muslims believe that the chronologically final surahs of the Quran were revealed to Muhammad in Medina, and are called Medinan surahs in contrast to the earlier Meccan surahs.

Medina (disambiguation)

Medina in Saudi Arabia is the second holiest city in Islam.

Medina, Medinah, or Madinah may also refer to:

Places

Antarctica

Colombia

Pakistan

United Kingdom

United States

Medina (surname)

Medina is a surname which may refer to: