Harman Patil (Editor)

Mouse's case

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Mouse’s Case (1608) is a landmark English law judgment. The matter helped establish the defence of necessity in tort.

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.
  • It was, however, still incumbered on the ferryman to contribute to the reimburse of the loss.

    References

    Mouse's case Wikipedia