Legal Definitions - public enemy

The term public enemy is a legal concept that primarily refers to a sovereign nation or power with whom a country is officially at war. In a more specific and historical context, particularly within the law governing common carriers (entities that transport goods or people for the public, like shipping companies or railroads), it can also refer to organized groups of individuals, such as pirates or large-scale criminal syndicates, whose widespread and violent activities pose a significant threat to public order and commerce, and are not merely isolated acts of crime.

The term is significant because common carriers are often legally excused from liability for loss or damage to goods if such loss is directly caused by an act of a public enemy. This exception acknowledges that certain catastrophic events are beyond the carrier's reasonable control.

• Example 1: International Conflict

  Imagine a shipping company based in Country A is transporting a cargo of electronics across the ocean. While the ship is en route, Country A officially declares war on Country B. A naval vessel from Country B intercepts and sinks the cargo ship as an act of war.

  How it illustrates the term: In this scenario, Country B is considered a "public enemy" of Country A. The shipping company, acting as a common carrier, would likely be excused from liability for the lost cargo because its destruction was directly caused by an act of a public enemy, an event generally considered outside the carrier's control and responsibility.

• Example 2: Organized Criminal Syndicates Affecting Commerce

  Consider a railway company transporting valuable industrial machinery across multiple states. The train is ambushed and its cargo stolen by a highly organized, notorious criminal syndicate known for systematically targeting commercial freight and operating with a level of force and coordination that local law enforcement struggles to contain.

  How it illustrates the term: In the historical context of common carrier liability, such a well-organized and widespread criminal syndicate, whose actions significantly disrupt commerce and public safety beyond typical criminal acts, could be considered "public enemies." If the railway company can prove the loss was directly due to the actions of this specific, pervasive criminal group, they might be absolved of liability for the stolen goods under their contract terms, distinguishing this from a simple, isolated robbery.