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LSDefine

Simple English definitions for legal terms

Public necessity

Read a random definition: Periodic Tenancy

A quick definition of Public necessity:

Public necessity: A legal defense used in cases where someone interferes with another person's property in an emergency situation to protect the community or society from a greater harm. This defense is absolute, meaning the defendant is not responsible for any damages caused by their actions. It is different from private necessity, which only applies to protecting an individual's own interests.

A more thorough explanation:

Public necessity

In tort law, public necessity is a defense that can be used against charges of trespass. It applies when a defendant interferes with a plaintiff's property in an emergency situation to protect the community or society as a whole from a greater harm that would have occurred if the defendant had not committed trespass. Public necessity serves as an absolute defense, and a defendant is not liable for any damages caused by his trespass.

For example, if a fire breaks out in a building and a firefighter breaks down a door to enter the building and put out the fire, the firefighter can use the defense of public necessity if the owner of the building sues for trespass. The firefighter's actions were necessary to protect the community from harm, and therefore the defense of public necessity applies.

Another example is if a police officer enters a private property without a warrant to stop a dangerous criminal who is hiding on the property. The officer can use the defense of public necessity if the property owner sues for trespass. The officer's actions were necessary to protect the community from harm, and therefore the defense of public necessity applies.

Contrast with private necessity, which applies when a defendant interferes with a plaintiff's property to protect his own interests or the interests of a small group of people, rather than the community as a whole.

See also necessity defense, which is a broader defense that can be used in criminal law as well as tort law.

public market | public nuisance

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shaquilleoatmeal
11:14
damn couldnt even get to Christmas dinner before this question lmao im not looking for anything serious rn so no updates lol
11:14
i made out with my ex in a stairwell the other day if you care. my only update
shaquilleoatmeal
11:14
oof
shaquilleoatmeal
11:14
twitter ex or a different ex
11:15
different ex
windyMagician
11:15
since its not Twitter dude I'll forgive it
shaquilleoatmeal
11:17
at least you did that before the new year, cant carry that baggage in 25
11:17
I think he thinks if I move to nyc we’re going to get back together
11:17
that’s not my plan tbh
jackfrost11770
11:18
this is so funny
shaquilleoatmeal
11:19
lmao damn wish id be classmates with this dude
shaquilleoatmeal
11:20
@cheriebomb: you never know what the future holds
jackfrost11770
11:20
also cherie fallen soldier
jackfrost11770
11:20
i got home at 8 am from the club and my neighbor was leaving to go biking. truly living in different worlds
11:20
i don’t fw him that heavy tbh
11:21
i get along better with his friends than i do with him
windyMagician
11:21
nah the hiking in Nike blazers deserves jail time
11:21
he was already vomiting and shitting in a hole I think he did his penance
windyMagician
11:26
call that restorative justice
11:35
they put a place in the UK second. I don’t trust their methodology
shaquilleoatmeal
11:35
im laughin cause it definitely isnt but the fact that some people this it is is comical
shaquilleoatmeal
11:35
tink*
shaquilleoatmeal
11:35
think jee
shaquilleoatmeal
11:35
jeez - im over it
11:37
imagine saying you want to go to boston for christmas 💀
shaquilleoatmeal
11:40
imagine you not wanting to go what lmao
13:55
not impressed by the fact that they have a park and some buildings. who doesn't
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