Defenses not Based on Plaintiff's Conduct

Question 1

What are Statutes of Limitations?

Answer 1

Legislative Laws that put limits on the amount of time that P has to file a lawsuit..

Question 2

When does Statute of Limitations begin to run?

Answer 2

The time limit begins to run usually at the time of the occurrence, or accident giving rise to the cause of action.

Question 3

What is necessity?

Answer 3

A defendant who acts to prevent a threatened injury from some force of nature, or some other independent cause not connected with the P, may be protected by the privilege of necessity.

Question 4

Rule for Public Necessity

Answer 4

The state has a complete privilege to destroy, damage, or use real or person property if the actor reasonably believes it to be necessary to avert an imminent public disaster.

Question 5

Does the state have make reparations under Public Necessity to private citizens?

Answer 5

If the state has a “takings statute” yes. The state is forced to be liable and compensate the owner for the loss of property.

Question 6

Rule for Private Necessity

Answer 6

The privilege to prevent trespass to land must give way to the privilege of necessity, especially when the necessity is to preserve human life.

Question 7

What standard is private necessity held to?

Answer 7

Whether the trespass was necessary to prevent serious bodily harm or death. This is held to the objective standard.