Necessity

Question 1

Private Necessity Prima Facie Elements

Answer 1

1. Privileged to enter or remain on others land if;
   (a) Reasonably necessary to prevent harm to;
2. Actor, third party connected, or eithers land or chattels;
   (b) Unless knowledge that land owner doesn’t permit use ever
3. Actor also liable for any damage done to owners property

Question 2

Ploof (1908): When an urgent emergency forces necessity to protect loved ones.

Answer 2

Court rules Ploof should be able to present facts to jury b/c (a)sufficient necessity to protect his kids/belongings and (b)urgent event caused need to dock immediately.

Question 3

Vincent (1910): Liable for owners property you damage during necessity use

Answer 3

Court rules that due to Lake Erie’s actions, even though the necessity was valid, they still owe Vincent reimbursement for any damage done to his property by their equipment or actions.