Defense to liability for unlawful activity where the conduct cannot be avoided and one is justified in the particular conduct because it will prevent the occurrence of a harm that is more serious. In tort law, there are two different categories of the necessity defense that can be employed: public necessity and private necessity.
Doctrine that makes a defendant liable for the plaintiff's unforeseeable and uncommon reactions to the defendant's negligent or intentional tort. If the defendant commits a tort against the plaintiff without a complete defense, the defendant becomes liable for any injury that is magnified by the plaintiff's peculiar characteristics.
A category of activity for which a judge may determine is abnormally dangerous and, thus, subject to strict liability. If the activity creates a risk of serious injury to the land or chattels of the plaintiff or to the plaintiff himself and this risk cannot be eliminated through the exercise of due care, and the particular activity is not generally performed in that particular physical area.