Necessity

Question 1

What is necessity in the context of intentional tort liability?

Answer 1

A defense that allows interference with property interests of an innocent party under certain conditions.

Question 2

What are the two conditions that must be met for necessity to be a defense?

Answer 2

• The defendant reasonably perceives an immediate need to appropriate the property
• The interference avoids a greater injury than the harm caused to the innocent party’s property

Question 3

What must the threatened injury be in relation to the harm of the interference?

Answer 3

The threatened injury must be greater than the harm of the interference in the innocent party’s property interests.

Question 4

What is public necessity?

Answer 4

A complete defense that exists when the defendant’s interference is done to protect the community at large.

Question 5

What is private necessity?

Answer 5

An incomplete defense that exists when the defendant’s interference is done to protect a private interest.

Question 6

Under private necessity, what is the defendant’s liability?

Answer 6

The defendant is privileged to interfere with another’s property but is liable for actual damages.

Question 7

True or False: Public necessity is an incomplete defense.

Answer 7

False

Question 8

Fill in the blank: Private necessity is an _______ defense.

Answer 8

incomplete