Necessity (tort)
In tort common law, the defense of necessity gives the State or an individual a privilege to take or use the property of another. A defendant typically invokes the defense of necessity only against the intentional torts of trespass to chattels, trespass to land, or conversion. The Latin phrase from common law is necessitas inducit privilegium quod jura privata, "Necessity induces a privilege because of a private right." A court will grant this privilege to a trespasser when the risk of harm to an individual or society is apparently and reasonably greater than the harm to the property. Unlike the privilege of self-defense, those who are harmed by individuals invoking the necessity privilege are usually free from any wrongdoing. Generally, an individual invoking this privilege is obligated to pay any actual damages caused in the use of the property but not punitive or nominal damages.
Read more about Necessity (tort): Private Necessity, Public Necessity
Famous quotes containing the word necessity:
“There was a time when the average reader read a novel simply for the moral he could get out of it, and however naïve that may have been, it was a good deal less naïve than some of the limited objectives he has now. Today novels are considered to be entirely concerned with the social or economic or psychological forces that they will by necessity exhibit, or with those details of daily life that are for the good novelist only means to some deeper end.”
—Flannery O’Connor (1925–1964)