LAW 511-002 – Torts I

Necessity


Necessity is a privilege that allows for trespass or destruction of property to preserve a greater interest.

There is public necessity and private necessity.

Public Necessity

Public necessity is a privilege that allows for trespass or destruction of property to avert an apparent public disaster.

Public necessity requires an imminent danger and a real public necessity.

Plaintiff cannot recover if there was a public necessity unless the tort constituted a taking.

Private Necessity

Private necessity allows for the destruction of another's property to preserve one's own property.

Private necessity allows for recovery of actual damages, but not for trespass.