Sunday, September 8, 2013

In the "Case of the Shipwrecked Sailors," do you think the persons bringing the legal action against Dudley and Stephens should win?

This case is mentioned in Street Law,
Chapter 1.  However, in this case, there is not a law suit being brought against Dudley
and Stephens.  Instead, they are being tried for murder.


If
you are asking if the two men should be convicted of murder, I think that they
absolutely should.  There is nothing that says you can kill someone else to save your
own life unless they are threatening to kill you--you can't
just kill someone because it will be beneficial to you.


If
there were a lawsuit involved in this case, it might be for wrongful death.  If such a
case were brought against the defendants, I think that the plaintiffs (injured party)
would win.  Dudley and Stephens clearly caused the other's death in circumstances where
their actions were wrong.


So whether this is a criminal
case or a tort (lawsuit), Dudley and Stephens ought to lose.

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