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Carrier's Case
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Carrier's Case : ウィキペディア英語版
Carrier's Case

''Carrier's Case'' (1473) 13 Edw. IV, f. 9, pl. 5 (Star Chamber and Exchequer Chamber) was a landmark English court case in property crime law decided in the Star Chamber (also called ''Anonymous v. The Sheriff of London''). The English court adopted the "breaking bulk" doctrine. If someone transporting merchandise on behalf of someone else (being a bailee) and keeps the property by breaking it open and misappropriating the contents, it constitutes a crime of larceny.
==Facts==
A "carrier" was hired by a Flemish merchant to transport bales of woad to the port in Southampton. He opened the bales and took the goods for himself. Some of it came into possession of the Sheriff of London. The sheriff gave it to the King (forfeited as "waif", a word to signify runaways or stolen goods). The merchant sued the sheriff to return the goods. He argued that the goods were not stolen, that the carrier only had temporary property rights and so the goods could not be given to the King. The Sheriff argued that the goods were stolen, that it was a felony and therefore properly forfeited to the King as waif.
The legal relationship between the carrier and the merchant, as now, would have been seen as one of bailee and bailor, so bailee's have a duty of reasonable care for others' property in their possession. The merchant had royal safe conduct covering his goods. This meant that if the goods were stolen they would not be given to the Crown by the use of a waif. This happened in medieval times when a good was stolen. When the stolen goods were found, they became property of the King.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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