Defenses to Intentional Torts

Question 1

Necessity

Answer 1

A person may interfere with another’s property when it is reasonably necessary to avoid injury or harm from a natural force.

Question 2

Private Necessity

Answer 2

Private necessity means a person interfered with another’s property to benefit a limited number of people. However, when not benefitting the owner’s land, the person must pay for any damages caused to the property.

Question 3

Public Necessity

Answer 3

Public necessity means a person interfered with another’s property for the public good. It is an absolute defense.