Necessity: Defenses to Intentional Torts

want reasonable person to calculate necessity in moment?

b. Don't want reasonable person to calculate/weigh/balance, want them to just decide → why b-c are better for defense of necessity

Necessity Definition

f. Necessity i. Definition: Take steps reasonably necessary to avoid substantially greater harm to self, others, public, or property

Complete v. incomplete necessity defense...

iv. Complete v. incomplete necessity defense → only difference is private v. public (govt.)

still can be necessity even if later proved to not be necessary?

ix. Standard: still can be necessity even if later proved to not be necessary → reasonable under circumstances

danger to property can use necessity defense?

v. Open question if danger to property can use necessity defense 1. Note → life worth more than property, so more risk to person the more likely will be able to use a necessity

Public necessity -

vi. Public necessity - government acting for public property, government will damage property

determined by actual state of affairs?

vii. Standard: not determined by actual state of affairs, just reasonable under circumstances

Creation of risk?

viii. Standard: a person can unreasonably place self in need of necessity and still use defense → it does not matter if created risk

use necessity if likely to cause serious injuries?

x. Rule: cannot use necessity if likely to cause serious injuries 1. open question → whether you can cause minor injury for necessity

if you have a reasonable belief can you commit intentional torts to property

xi. Standard: if you have a reasonable belief you can commit intentional torts to property (b-c in possible rules in Ploof)

necessity is an incomplete defense?

xii. General rule: necessity is an incomplete defense and you still have to pay to any damage to property/persons

Necessity factors/considerations (6)

xiii. Necessity factors/considerations 1. Mistake as to necessity of action is okay 2. Reasonableness of actions leading up to necessity irrelevant 3. Do not need to make best plan under the circumstance, only a reasonable person 4. Private necessity is an incomplete defense - must pay for damages to property 5. Can NOT cause substantial bodily harm to another - open question of whether can intentionally cause even slight physical harm to another 6. Public necessity v. private necessity