• What Is the Defense of Necessity Under Tort Law?

    What Is the Defense of Necessity Under Tort Law?




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  • What Is the Defense of Necessity Under Tort Law?

    What Is the Defense of Necessity Under Tort Law?

    California Personal Injury Lawyers Helping Accident Victims Nationwide

What Is the Defense of Necessity Under Tort Law?

The necessity under tort law is a situation where the law allows you to breach your duty somewhat because something outside the control of society occurred. For example, you might be excused of a trespass, or at least have your damages reduced in a trespass, if there was a fire and you needed to break into someones water barn to get a hose and attach water to put out the fire. Even though it wasnt your property, because there was a fire, you needed to access someone elses property to put it out. You would still be liable for the damages that occurred assuming that it was a private necessity. But if it was a public necessity, where for the general good of the public it was required for you to violate that privilege such as a trespass or breaching someones property rights. Under the law public necessity, you would not be liable for damage that you caused.
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