Public necessity

In tort law, a defense that can be used against charges of trespass where 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 occured 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.  Contrast with private necessity.  See also necessity defense.  

 

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