Necessity

Question 1

NECESSITY

Answer 1

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.

Question 2

Public Necessity

Answer 2

A defendant can raise public necessity as a defense if they acted to
avert an “imminent public disaster.”

Question 3

Private Necessity

Answer 3

Private necessity can be a defense when the action was to prevent serious harm to a limited number of people.