Рет қаралды 2,347
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Paradine v. Jane | 82 Eng. Rep. 897 (1647)
It’s a historical truth that war is often particularly cruel to innocent people trapped between opposing armies. They often lose their homes, their lands, their property, and any provisions they’ve created and set aside by the sweat of their own labor. They’re also often injured, killed, or carried away by the invading army.
On top of such casual cruelty, civilians caught up in their landlord’s war, or their overlord’s war, are often expected to produce crops or wealth, no matter how much war has frustrated their purpose. The King’s Bench made that point in the 1647 case of Paradine versus Jane.
Paradine leased land to Jane for a period of years. But the English Civil War intervened. Troops loyal to King Charles the First, led by Prince Rupert of the Rhine, seized Jane’s leasehold and expelled him. Rupert’s forces held the land for three years. Jane wasn’t able to work the land or earn any profits, and he didn’t pay rent for those three years.
Paradine then sued Jane for three years of back rent. Jane responded that, due to his forced expulsion from the leasehold, he wasn’t able to generate any profit from the land, and therefore didn’t owe Paradine any rent.
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