Also known as: necessities · doctrine of necessity · necessity defense
Written by attorneys · grounded in primary & secondary sources — see below
4 senses
A justification defense that excuses otherwise criminal conduct when the actor believes the conduct is necessary to avoid a greater harm or evil. The defense is unavailable if the actor was reckless or negligent in creating the situation or in assessing the need for the conduct. The harm avoided must exceed the harm caused by the offense.
A justification defense that excuses otherwise criminal conduct when the actor believes the conduct is necessary to avoid a greater harm or evil. The defense is unavailable if the actor was reckless or negligent in creating the situation or in assessing the need for the conduct. The harm avoided must exceed the harm caused by the offense.
Select any source to read its text and confirm it supports the definition.
A basis for creating or limiting an easement or servitude when access or use is required for the dominant estate. The extent of the necessity determines whether the interest arises. The servitude continues only as long as the necessity persists and ends once alternative access becomes available.
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Volition is necessary for an act to exist. A purely reflexive or convulsive movement without any manifestation of the actor's will does not qualify as an act that can give rise to tort liability.
Select any source to read its text and confirm it supports the definition.
A showing required to overcome protections such as work-product immunity. Discovery of protected materials requires a demonstration of need that outweighs the protection.
Select any source to read its text and confirm it supports the definition.
A basis for creating or limiting an easement or servitude when access or use is required for the dominant estate. The extent of the necessity determines whether the interest arises. The servitude continues only as long as the necessity persists and ends once alternative access becomes available.
Volition is necessary for an act to exist. A purely reflexive or convulsive movement without any manifestation of the actor's will does not qualify as an act that can give rise to tort liability.
A showing required to overcome protections such as work-product immunity. Discovery of protected materials requires a demonstration of need that outweighs the protection.
Each sense below has its own examples, sources, and questions.
Nalini Narula deliberately drove her truck onto a flooded road to test its off-road capability. When rising water trapped her, she broke into an unoccupied cabin to shelter. Her necessity defense fails because she recklessly created the situation requiring the choice of harms.
The defense is unavailable if the actor was reckless or negligent in bringing about the situation. The justification fails when the defendant's own conduct created the choice of harms.
Supporting sources
Nigel Nelson executed a mortgage on his warehouse in favor of Northstar Logistics. No loan or other payment obligation existed between the parties. The mortgage is unenforceable because no valid underlying obligation supports the security device.
Neville Norton purchased landlocked acreage from Nolan Nunez. Norton sought an easement by necessity across Nunez's retained parcel even though a public road ran within two hundred yards of the new parcel. The claim fails because the extent of necessity to the claimant is minimal.
Nancy Nelson obtained an easement by necessity over Nexus Technologies' adjacent lot after her parcel was severed without road access. Years later the county built a public highway abutting Nelson's land. The easement terminates because the necessity that created it no longer exists.
The servitude lasts only as long as the necessity that gave rise to it continues. Once alternative access becomes available the easement ends automatically.
Supporting sources
A mortgage or other security device must secure a valid underlying obligation. If the obligation is void or discharged the mortgage is unenforceable.
Supporting sources
Nikhil Narayan's arm jerked involuntarily when a co-worker bumped his elbow during a heated argument. The jerk struck and injured a third employee. No tort liability arises because the movement was a pure reflex without volition and therefore not an act.
No. An act requires an external manifestation of the actor's will. Reflexive or convulsive movements without volition do not qualify as acts.
Supporting sources
Navarro Industries sought production of opposing counsel's interview memoranda prepared in anticipation of litigation. The requesting party offered no evidence of substantial need or undue hardship. The materials remain protected because no showing of necessity overcomes the work-product doctrine.
The requesting party must demonstrate substantial need and undue hardship. Mere relevance is insufficient to overcome the protection.
Supporting sources
…Of the power of Congress to condemn whatever land may be necessary for such canal, there can be no question; and of the equal necessity of paying full compensation for all private property taken there can be as little doubt.” Id. , at 337. Under the Court’s rationale, however, where the Government wishes to preserve a…