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  • Necessity

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    Muhamad Hanafi
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    The defence of necessity can be used to justify actions that would normally be considered tortious if they were done to prevent harm and were reasonably necessary under the circumstances. There must be an imminent peril, the harm caused must be proportional to what is sought to be avoided, and there must be no other alternative. Two examples provided are: 1) Cope v Sharpe, where a landowner set fire to a strip of land to save nesting pheasants from a larger fire, and was not found liable due to necessity. 2) Rigby v C C of Northamptonshire, where police fired a gas canister into a shop to flush out a dangerous criminal, causing damage, but their actions were

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    The defence of necessity can be used to justify actions that would normally be considered tortious if they were done to prevent harm and were reasonably necessary under the circumstances. There must be an imminent peril, the harm caused must be proportional to what is sought to be avoided, and there must be no other alternative. Two examples provided are: 1) Cope v Sharpe, where a landowner set fire to a strip of land to save nesting pheasants from a larger fire, and was not found liable due to necessity. 2) Rigby v C C of Northamptonshire, where police fired a gas canister into a shop to flush out a dangerous criminal, causing damage, but their actions were

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    6 views12 pages

    Necessity

    Uploaded by

    Muhamad Hanafi
    The defence of necessity can be used to justify actions that would normally be considered tortious if they were done to prevent harm and were reasonably necessary under the circumstances. There must be an imminent peril, the harm caused must be proportional to what is sought to be avoided, and there must be no other alternative. Two examples provided are: 1) Cope v Sharpe, where a landowner set fire to a strip of land to save nesting pheasants from a larger fire, and was not found liable due to necessity. 2) Rigby v C C of Northamptonshire, where police fired a gas canister into a shop to flush out a dangerous criminal, causing damage, but their actions were

    Copyright:

    © All Rights Reserved
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    of 12

    The Defence of

    NECESSITY
    Operating on an unconscious patient
    ‘without consent’ to save life
    Throwing peoples belongings overboard
    during storm
    This defence arises when the Df has to
    infringe the interests of another (Pf) for the
    purpose of preventing harm either for his
    own interest or those of third parties
    There must be an urgent situation of
    imminent peril
    Harm caused must in proportion to that
    which Df seeks to avoid (reasonable)
    Nothing else the Df could have done
    Means: That a tortious act may be a good
    defence even when done intentionally if it can
    be proved that it was done to avoid a greater
    harm to :
    1. himself (the Df)
    2. a 3rd party
    3. the country
    Note that the emergency situation was not
    caused by the Df fault or negligence.
    Cope v Sharpe
    Fire broke out on Pf’s land.
    In order to save some Df’s pheasants, Df’s
    servants set fire to a strip of land on A’s
    property between the fire and the nesting
    pheasants. The fire was then
    extinguished.
    Pf sued the Df.
    Df pleaded necessity
    Nesting pheasants
    on Df’s land

    Pf’s land
    Court held : Df not liable as there was
    imminent danger to the pheasant’s and
    what he did was reasonably necessary in
    the circumstances
    Rigby v. C C of Northamptonshire
    Police fired a gas canister into the Pf’s
    shop to flush out a dangerous psychopath
    that had entered into the premises
    Gas caused fire and damaged Pf’s shop
    Pf sued Police for trespass to land
    Ct allowed Police defence of necessity,
    their action was necessary and there was
    no negligence on part of police.
    Breaking into neighbour’s house to take
    fire extinguisher?
    Neighbour sues for trespass?
    Can defence of necessity be used
    Difference between Necessity and Private
    Defence
    Difference between Necessity and
    Inevitable Accident

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