Also known as: necessity · appropriateness
Written by attorneys · grounded in primary & secondary sources — see below
4 senses
A condition that a mortgage or other security device must secure a valid underlying obligation, typically a debt or promise to pay that may be existing or future. The necessity and nature of that obligation determine whether the security interest is valid and enforceable. If the obligation is void or discharged, the security device may be extinguished.
A justification for otherwise criminal conduct that the actor believes necessary to avoid a greater harm or evil. The defense is unavailable when the actor was reckless or negligent in bringing about the situation or in appraising the necessity for the conduct.
The extent to which an easement or servitude is necessary to the claimant and the duration of a servitude created by necessity, which lasts only as long as the necessity that gave rise to it continues.
A showing required to overcome protections such as work-product immunity or to establish that a muscular contraction constitutes an act subject to tort liability. In discovery, a strong showing of need may permit access to otherwise protected materials. In torts, volition is necessary for conduct to qualify as an act.
Each sense below has its own examples, sources, and questions.
A condition that a mortgage or other security device must secure a valid underlying obligation, typically a debt or promise to pay that may be existing or future. The necessity and nature of that obligation determine whether the security interest is valid and enforceable. If the obligation is void or discharged, the security device may be extinguished.
Select any source to read its text and confirm it supports the definition.
Nyah Ndlovu signed a mortgage on her warehouse in favor of Navarro Industries even though no loan or other payment obligation existed between them. When Navarro later sought to foreclose, the court examined whether any underlying debt or promise supported the mortgage. Because no valid obligation had ever been created, the mortgage was held unenforceable.
A mortgage or other security device requires a valid underlying obligation such as a debt or promise to pay. If that obligation is void or has been discharged, the mortgage itself becomes unenforceable even if the formal mortgage documents appear proper.
Supporting sources
A justification for otherwise criminal conduct that the actor believes necessary to avoid a greater harm or evil. The defense is unavailable when the actor was reckless or negligent in bringing about the situation or in appraising the necessity for the conduct.
Select any source to read its text and confirm it supports the definition.
Noah Nakamura deliberately drove his truck onto a flooded road to test its off-road capability, then claimed necessity when he broke into a nearby cabin to escape rising water. Prosecutors charged him with burglary. Because Nakamura had been reckless in creating the situation that forced the choice of harms, the necessity justification was unavailable.
Yes. Under Model Penal Code § 3.02(2), the justification of necessity is unavailable in a prosecution for any offense for which recklessness or negligence suffices if the actor was reckless or negligent in bringing about the situation or in appraising the need for the conduct.
Supporting sources
The extent to which an easement or servitude is necessary to the claimant and the duration of a servitude created by necessity, which lasts only as long as the necessity that gave rise to it continues.
Select any source to read its text and confirm it supports the definition.
Nolan Nunez obtained an easement by necessity across Nicole Navarro's land so he could reach his otherwise landlocked parcel. Years later a new public road was built that gave Nolan direct access. Because the original necessity no longer existed, the servitude terminated automatically.
Nia Nkosi sought an implied easement across Nora Nash's property, arguing it was essential for convenient access to her garage. The court weighed the extent of necessity to the claimant along with other factors and found the claimed easement was merely convenient rather than necessary. The claim therefore failed.
A servitude created by necessity continues only as long as the necessity that gave rise to it persists. Once an alternative means of access becomes available, the servitude terminates automatically.
Supporting sources
A showing required to overcome protections such as work-product immunity or to establish that a muscular contraction constitutes an act subject to tort liability. In discovery, a strong showing of need may permit access to otherwise protected materials. In torts, volition is necessary for conduct to qualify as an act.
Select any source to read its text and confirm it supports the definition.
National Trust sued Nimbus Cloud for breach of a data contract. National Trust sought internal memoranda prepared by Nimbus's counsel summarizing witness interviews. The court required Nimbus to produce the documents after National Trust demonstrated a substantial need and inability to obtain the information elsewhere without undue hardship.
Nexus Technologies' security guard was shoved by an intruder and his arm struck a visitor, causing injury. The visitor sued the guard for battery. Because the guard's movement was a purely reflexive reaction without any manifestation of his own will, the contact did not constitute an act for which he could be held liable.
Attorney work product prepared in anticipation of litigation is protected unless the opposing party demonstrates a substantial need for the materials and an inability to obtain their substantial equivalent by other means without undue hardship.
Supporting sources
No. An act requires an external manifestation of the actor's will. Purely reflexive reactions such as a knee jerk or convulsive movements during an epileptic seizure are not acts of the person whose body moves.
Supporting sources
…district of Cleveland are deterred from buying any part of this land because of the existence of the ordinance and the necessity thereby entailed of conducting burdensome and expensive litigation in order to vindicate the right to use the land for lawful and legitimate purposes; that the ordinance constitutes a cloud…
…26-27 (1905) (upholding a Massachusetts law imposing fines or imprisonment on those refusing to be vaccinated as "of paramount necessity
…influences our First Amendment analysis. The same is true of the presence of a " captive audience[, one] there as a matter of necessity
…authorization is an absolute prerequisite to the power of a federal court to accord compensatory relief regardless of the
…Indeed, a court would be remiss in performing its duties were it to accept an unsound principle merely to avoid the necessity