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Paradine v Jane
''Paradine v Jane'' () (EWHC KB J5 ) is an English contract law case which established absolute liability for contractual debts.
==Facts==
This action grew out of the English Civil War. Prince Rupert was commander of the armies of his uncle, King Charles I. Forces on both sides often looted the estates of the nobles for the purpose of gaining supplies. On July 19, 1643, the British Royalist forces, known as the Cavaliers, took possession of land owned by the plaintiff, Paradine, which was under lease to the defendant, Jane. The Royalists held the land for three years, finally relinquishing it in 1646 after the remaining Royalist resistance collapsed.
Paradine brought suit against Jane to recover for breach of the lease:
In debt the plaintiff declares upon a lease for years rendering rent at the four usual feasts; and for rent behind for three years, ending at the Feast of the Annunciation, 21 Car. () brings his action; the defendant pleads, that a certain German prince, by name Prince Rupert, an alien born, enemy to the King and his kingdom, had invaded the realm with an hostile army of men; and with the same force did enter upon the defendant’s possession, and him expelled, and held out of possession from the 19 of July 18 Car. () till the Feast of the Annunciation, 21 Car. whereby he could not take the profits; whereupon the plaintiff demurred, and the plea was resolved insufficient.
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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