necessity
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 73 U.S. 18 - The Amelie · 1867Most cited · 31 citing opinions
master's right to sell ship
The sale of a ship becomes a necessity within the meaning of the commercial law, when nothing better can be done for the owner, or those concerned in the adventure.
How often courts cite the cases defining “necessity”
Court decisions citing the 2 opinions that defined “necessity” — 36 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1818–1867
- ORIGINAL
The necessity must be urgent, and proceed from such a state of things as may be supposed to produce on the mind of a skilful mariner, a well grounded apprehension of the loss of vessel and cargo, or of the lives of the crew. It is not every injury that may be received in a storm, as the splitting of a sail, the springing of a yard, or a trifling leak, which will excuse the violation of the laws of trade. Such accidents happen in every voyage; and the commerce of no country could be subject to any regulations, if they might be avoided by the setting up of such trivial accidents as these.
urgent — to excuse putting into port in violation of trade laws