Necessity

Question 1

Public Necessity

Answer 1

Average reciprocity of advantage (ARA)

○ Individual rights must give way to the greater good of society
○ In society an individual must relinquish rights for the greater good and in the long
run, both the individual and society benefits

Question 2

How to prove necessity

Answer 2

○ Has to be in good faith
○ Apparent necessity
○ Exigency

Question 3

Escape Theory

Answer 3

Where someone argues that they would have been able to escape harm, or protect their
belongings from harm, if D’s actions would not have prevented them from doing so

Can be intentional or negligent

Question 4

Public Policy behind Public Necessity

Answer 4

● Greater good of society
● Both society and individual benefit
○ Average Reciprocity of Advantage (ARA)

Question 5

Private Necessity

Answer 5

● Privilege to use property of another in an emergency situation for private interest
○ Does NOT negate legal responsibility
○ No greater good