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Mouse’s Case (1608)〔Mouse’s Case (1608) Michaelmas Term, 6 Jms I. vol 12, page 63〕 is a landmark English law judgment. The matter helped establish the defence of necessity in tort.〔The case is also sometimes referred to as 77ER 1341.〕 A ferryman was carrying forty-seven people, including one named Mouse off Gravesend, when a storm threatened the barge. Another passenger threw the cargo overboard to save the barge. Mouse’s casket included £113 inside and he sued the passenger for its loss. * The court found that in cases of necessity, anyone may act to save lives and there is no liability to them, although there may be liability against the ferryman.〔Mouse’s Case. - Sir Edward Coke, () Selected Writings of Sir Edward Coke, vol. I (1600)].〕 It was, however, still incumbered on the ferryman to contribute to the reimburse of the loss.〔Hicks v Pallington (1599) Moo KB 297.〕〔Thomas A. Street, The Theory and Principles of Tort Law, Beard Books, (page 18 ).〕 ==References== 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Mouse's case」の詳細全文を読む スポンサード リンク
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