What is ecessity under tort law?
Necessity under tort law is a situation where the law allows you to somewhat breach your duty because something outside the control of society occured. For example, you might be excused of a trespass, or at least have your damages reduced in a trespass, if there was a fire and you needed to break into someone’s water barn in order to get a hose and attach water in order to put out the fire. Even though it wasn’t your property, because there was a fire, you needed to access someone else’s property in order to put it out. You would still be liable for the damages that occured assuming that it was private necessity. But if it was a public necessity, where for the general good of the public it was required for you to violate that privilage such as a trespass or breaching someone’s property rights. Under the law public necessity you would not be liable for damage that you caused.
