Necessity

Private Necessity

1.) Private Necessity (Protecting Private Interests) (Limited/Conditional Defense): I. Rule: An individual has the privilege to interfere with the property right of another when it reasonably appears necessary to avoid a greater harm, but must compensate the plaintiff for interference if harm is caused as a result of the trespass. II. Defenses: Private Necessity is a defense to trespass to land but not for trespass to chattel or conversion III. Damages: Defendant must still pay damages/compensate the plaintiff, if and only if there is harm caused as a result of the trespass.

Public Necessity

2.) Public Necessity (Protecting Public Interests)(Absolute Defense): I. Rule: A person is completely privileged to enter land or interfere with chattels in the possession of another if necessary or if it reasonably appears necessary to avoid an imminent public disaster. i. Reasonably Appears Necessary - Reasonable Necessity is judged from the perspective of the Defendant. Defendant must determine whether necessity has risen. II. Defenses: Public Necessity is a Defense To Trespass To Land, Trespass To Chattel, Conversion and Battery. III. Damages: Under public necessity, Plaintiff is not entitled to damages under the law. Defendant escapes liability completely. Consider Policy: On exam, if result would be unreasonably harsh or unfair for a plaintiff, discuss why the law for damages under public necessity should be changed and why the plaintiff should be compensated for the loss under public necessity. Consider arguments, such as: a.) Deterrence - P will be more likely to abide by the law of necessity if P is aware that they will recover damages/compensation from the public necessity act. b.) Public Safety c.) Compensation - Loss of Property

When A Necessity Arises:

Normal property rights for the owner are not provided. The owner of the property cannot interfere with the Defendants use of the property when a necessity arises. There is no duty for the owner to help the Defendant when a necessity arises but the owner may not interfere with Defendants use of the property.

What are the Two Types of Necessity?

Private Necessity and Public Necessity