Necessity Flashcards
1
Q
NECESSITY
A
A person may interfere with the real or personal property of another when it is reasonably and apparently necessary in an emergency to avoid injury from a natural or other force and when the threatened injury is substantially more serious than the invasion that is undertaken to avert it.
2
Q
Public Necessity
A
A defendant can raise public necessity as a defense if they acted to
avert an “imminent public disaster.”
3
Q
Private Necessity
A
Private necessity can be a defense when the action was to prevent serious harm to a limited number of people.
