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

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pohnpei397 | College Teacher | (Level 3) Distinguished Educator

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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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