Legal Definitions - Necessity defense

The necessity defense is a legal argument used when someone commits an act that would normally be considered unlawful or harmful, but they did so to prevent a significantly greater harm from occurring. Essentially, it argues that the person had no reasonable alternative but to choose the lesser of two evils. This defense acknowledges that while the action itself might have been wrong, it was justified because it averted a more severe negative outcome.

In civil law, particularly in cases involving harm to property (torts), this defense is often categorized into public necessity (acting to protect the community) and private necessity (acting to protect oneself or one's property).

• Example 1: Public Necessity

  A massive wildfire is spreading rapidly towards a town. Firefighters, without explicit permission from the owner, demolish a vacant cabin on the outskirts of town to create a firebreak, preventing the fire from reaching hundreds of homes.

  Explanation: The act of demolishing the cabin would normally be considered destruction of property. However, the firefighters can argue the necessity defense because their action, though damaging to one property, was unavoidable and prevented a far greater harm – the destruction of numerous homes and potential loss of life in the town. This illustrates public necessity because the action benefited the community at large.

• Example 2: Private Necessity (Property)

  A sudden, violent storm blows up while a small fishing boat is at sea. To avoid being capsized and sinking, the captain steers the boat into a private marina, damaging a dock and several smaller boats in the process as they struggle to secure their vessel.

  Explanation: The captain's actions caused damage to private property. However, they could invoke the necessity defense, arguing that the damage was unavoidable and necessary to prevent the much greater harm of their own boat sinking and potential loss of life. This is private necessity because the primary goal was to protect their own vessel and crew from imminent danger, even if it caused lesser harm to others' property.

• Example 3: Private Necessity (Personal Safety)

  A driver is traveling on a rural road when a child suddenly runs into the street from behind a parked car. To avoid hitting the child, the driver swerves sharply, crashing into a mailbox and a small fence belonging to a nearby property.

  Explanation: The driver caused property damage by hitting the mailbox and fence. However, they could argue the necessity defense, as their action was an immediate and unavoidable response to prevent a far more serious harm – hitting a child. The damage to property, while regrettable, was a lesser evil compared to the potential injury or death of the child. This is a form of private necessity focused on preventing harm to a person.