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Simple English definitions for legal terms
choice of evils
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A quick definition of choice of evils:
Choice of evils, also known as necessity, is a defense used in criminal law when a person acts in an emergency they did not create and commits a harm that is less severe than the harm that would have occurred if they did not act. For example, if a mountain climber lost in a blizzard steals food and blankets from another's cabin to survive, they can use necessity as a defense. In tort law, necessity can also be used as a privilege to relieve a person from liability for harming another's property in an effort to protect life or health. There are different types of necessity, including manifest necessity, military necessity, moral necessity, physical necessity, private necessity, and public necessity.
A more thorough explanation:
Choice of evils is a legal defense used when a person commits a harm that is less severe than the harm that would have occurred if they did not act in an emergency situation they did not create. It is also known as necessity.
- A mountain climber lost in a blizzard can use the defense of necessity to justify stealing food and blankets from another's cabin to survive.
- If a person harms another's property in an effort to protect life or health, they can use the defense of necessity to avoid liability for trespass or conversion. For example, if a person breaks a window to rescue someone from a burning building, they can use the defense of necessity.
These examples illustrate how a person can use the defense of necessity to justify their actions in an emergency situation where they had no other choice but to commit a lesser harm to prevent a greater harm.