private necessity
In tort law, private necessity is a defense to trespass when a defendant interferes with another’s property in an emergency to property their own interests. It is a qualified defense that justifies the entry but does not relieve liability for actual damages. A defendant acting under private necessity must compensate the property owner for any harm caused but is not liable for nominal or punitive damages. While the emergency continues, the defendant has a lawful privilege to remain on the property and cannot be ejected until the necessity ends. For example, a person who moors a boat to a private dock during a sudden storm to prevent it from sinking, acts under private necessity and must pay for any resulting damage to the dock.
See also: necessity defense. Contrast with public necessity, where the action protects the public at large rather than private interests.
[Last reviewed in October of 2025 by the Wex Definitions Team]
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