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LSDefine

Simple English definitions for legal terms

Private necessity

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A quick definition of Private necessity:

Private necessity: A legal defense used when someone trespasses on another person's property to protect their own interests during an emergency. This defense does not excuse the trespasser from paying for any damage caused to the property, but they are not liable for nominal or punitive damages. As long as the emergency continues, the trespasser can remain on the property and cannot be ejected. This is different from public necessity, which is used when the government needs to take someone's property for the greater good.

A more thorough explanation:

Definition: Private necessity is a defense used in tort law when a person interferes with someone else's property in an emergency to protect their own interests. It is not an absolute defense, and the person who committed the trespass must still pay for any harm done to the property. However, they are not liable for nominal or punitive damages. As long as the emergency continues, the person is allowed to remain on the property and cannot be ejected.

Imagine a person is driving on a deserted road and their car breaks down. They see a nearby house and decide to enter the property to use the phone to call for help. This is an example of private necessity because the person had no other options and needed to protect their own interests.

Another example could be a person breaking into a neighbor's house to escape a natural disaster, such as a flood or fire. In this case, the person is protecting their own interests and is not liable for damages caused by their trespass.

These examples illustrate how private necessity can be used as a defense in emergency situations where a person needs to protect their own interests. However, it is important to note that the defense is not absolute and the person must still pay for any harm done to the property.

private mortgage insurance | Private nuisance

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Dkk
19:42
SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
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