Legal Definitions - ex necessitate

The Latin phrase ex necessitate means "from necessity" or "out of necessity." It refers to actions or situations that are compelled by an unavoidable requirement, where there is no reasonable alternative. In legal contexts, it often explains why certain steps must be taken or justifies actions that might otherwise be irregular, due to an overwhelming and unavoidable need.

This term is frequently encountered with additional words to specify the type of necessity:

• Ex necessitate legis: Means "from or by necessity of law," indicating something is legally required.
• Ex necessitate rei: Means "from the necessity or urgency of the thing or case," indicating something is required due to the specific circumstances or urgency of a situation.

Examples:

• Government Procurement (ex necessitate legis)

  A city government is planning to build a new public library. State law mandates that before any major public construction project can begin, a comprehensive environmental impact study must be completed and approved. The city council cannot waive this requirement, even if they believe the environmental impact will be minimal.

  Explanation: The environmental impact study is conducted ex necessitate legis. It is a step that must be taken because the law explicitly requires it, making it an unavoidable prerequisite for the project to proceed legally.

• Emergency Medical Care (ex necessitate rei)

  During a severe blizzard, a remote hospital loses power and its backup generators fail. A critically ill patient requires an immediate, life-saving surgery that can only be performed with specialized equipment. The hospital's chief surgeon makes the difficult decision to transfer the patient by emergency helicopter to a distant facility, knowing that the flight itself carries significant risks due to the weather.

  Explanation: The decision to undertake the risky emergency transfer is made ex necessitate rei. The immediate and urgent need to save the patient's life, combined with the hospital's inability to provide the necessary care, compels this action despite the inherent dangers. There is no other viable option given the critical circumstances.