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Topic: Necessity (tort)

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	Tort - LoveToKnow 1911
		Again, it is not the case that pecuniary damages are always or necessarily the only remedy for a tort; but the right to bring an action in common law jurisdiction, as distinct from equity, matrimonial or admiralty jurisdiction, with the consequent right to damages, is invariably present where a tort has been committed.
		The old forms were designed as penal remedies for manifest breach of the peace or corruption of justice; and traces of the penal element remained in them long after the substance of the procedure had become private and merely civil.
		Every member of a civilized commonwealth is entitled to require of others a certain amount of respect for his person, reputation and property, and a certain amount of care and caution when they go about undertakings attended with risk to their neighbours.
	www.1911encyclopedia.org /Tort (2485 words)

	Necessity (tort) - Wikipedia, the free encyclopedia
		In tort common law, the defense of necessity gives the state or an individual a privilege to take or use the property of another.
		A defendant typically invokes the defense of necessity only against the intentional torts of trespass to chattels, trespass to land, or conversion.
		The Latin phrase from common law is necessitas inducit privilegium quod jura privata, "Necessity induces a privilege because of a private right." A court will grant this privilege to a trespasser when the risk of harm to an individual or society is apparently and reasonably greater than the harm to the property.
	en.wikipedia.org /wiki/Necessity_(tort) (1358 words)

	Name: Sam Sedaei
		The main concept behind the idea of tort reform is to place a cap on the number of lawsuits which can be filed by the victims of wrongful injuries, or the relatives of victims of wrongful deaths, to obtain economic compensation for non-economic damages.
		One aspect of the tort reform which one needs to keep in mind is that its advocates base their beliefs on very few “frivolous” lawsuits, while completely ignoring a much larger number which represents real cases of individuals being hurt as a result of real negligence.
		As advocates of tort reform shape current policies of legislators, the most important point to keep in mind is that this reform is not designed to save the middle class from a “lawsuit crisis,” provide the public with cheap and better quality healthcare, or help small businesses grow.
	cc.kzoo.edu /~k02ss03/ACaseAgainstTortReform.htm (924 words)

	Tort Reform - The Jury is Still Out
		Tort reform is a major focus of her research, and she will work on a sabbatical research project on that topic next year at Switzerland’s St. Gallen University.
		Proponents of tort reform cite the horrors of a civil justice system they claim has spiraled out of control —multi-billion dollar verdicts result in a windfall for lawyers, a chilling effect on the business climate and doctors being forced to stop practicing in the face of the soaring cost of malpractice insurance.
		Those opposed to tort reform argue that the civil justice system is functioning as it is should and that tort reform is simply code for the efforts of big business and insurance companies to fatten profits by restricting the ability of individuals to seek redress for wrongs in court.
	www.bus.wisc.edu /update/june05/tortreform.asp (1630 words)

	Torts Capsule Summary - Chapter 2 (Site not responding. Last check: 2007-11-03)
		An individual is privileged to use reasonable force to prevent a tort against her real or personal property.
		Necessity is a defense which allows the defendant to interfere with the property interests of an innocent party in order to avoid a greater injury.
		Private necessity exists when the individual appropriates or injures a private property interest to protect a private interest valued greater than the appropriated or injured property.
	www.lexisnexis.com /lawschool/study/outlines/html/torts/torts02.htm (1159 words)

	TORTS I FALL 2006 Class Notes Mo (Site not responding. Last check: 2007-11-03)
		Public necessity: this arises in suits against governments or governmental officials, in which the defendant has destroyed plaintiff's property in order to prevent a greater harm from occurring.
		Public necessity is a complete defense, but the facts that give rise to the defense can also be the basis for claims for compensation as an unconstitutional taking of property for a public use or an exercise of eminent domain under state law.
		Notice that intentional torts against the person are not justified as a matter of necessity.
	faculty.smu.edu /sghosh/TortsFall2006/WednesdaySeptember272006notes.htm (563 words)

	The Classical Law of Tort
		The scientists, though interested in developing a universal tort law, did not propose wholesale adoption of the negligence principle.
		The doctrine of necessity justified entries upon land and interference with personal property, especially when human life was concerned.
		Similarly, infancy is not a defense to a tort action, Vosburg v.
	www.thelockeinstitute.org /journals/tortlaw8.html (424 words)

	Corporate Counsel Center
		We are not, however, concerned in the present case with this application of the doctrine, because the law confers on the parents of an infant child the authority to consent on her behalf, and because there is also the residual right of consent vested in the court.
		Our only specific necessity provision is clause 46, which admits a defence in circumstances so closely analogous to those of the duress defence that it might indeed be 'the apotheosis of absurdity' to admit the one and to deny the other.
		Dickson J held that although the residual defence of necessity could not be conceptualised as a justification for wrong-doing, it might properly be identified as an excuse where someone does a wrongful act under pressure which, in the words of Aristotle's Nichomachean Ethics, "overstrains human nature and which no one could withstand".
	news.corporate.findlaw.com /hdocs/docs/siamesetwins/siamesetwins7.html (15468 words)

	Necessity (tort) at AllExperts (via CobWeb/3.1 planetlab2.cs.unc.edu) (Site not responding. Last check: 2007-11-03)
		In tort law, the defense of necessity is divided between private necessity (where a person commits a tort for the defense of his own property) and public necessity (where a person commits a tort for the public good, such as cutting down someone else's trees to stop the spread of a fire).
		Necessity is generally not available as a defense to intentional torts other than "trespass to chattels," "trespass to land," and "conversion." One could, however, envision a scenario in which false imprisonment or battery is excused where the restraint or invasion was found necessary to prevent the spread of disease.
		Private necessity:Generally, a person asserting the defense of "private necessity" will remain liable for damages as a result of his or her act; however, a plaintiff cannot recover punitive or nominal damages.
	experts.about.com.cob-web.org:8888 /e/n/ne/Necessity_(tort).htm (160 words)

	AN ISSUE OF CIVIL RIGHTS: THE FATHER'S INTEREST IN HIS CHILD
		It takes little imagination to logically extend this tort, protean as it is, to redress emotional harm inflicted on fathers for the loss of their children.
		This tort should not be used to allow a father to impose liability on a mother for injury she did not cause.
		Existence of the tort will cause mothers otherwise indifferent to the feelings of the father or who choose to use their decision-making power to harm will be required to consider the effect of their actions on the father.
	www.fcsl.edu /academics/journal/volumethree/devon_ab.htm (3532 words)

	Medical Necessity
		Medical necessity is an ambiguous term which cannot be easily defined, but rather, it must often be applied to facts in order to understand its meaning.
		Although her initial breast implants were not paid for by Medicaid because they were not a medical necessity, their replacement after one had developed a leak and had to be removed.
		This contract approach to defining medical necessity is partly to blame for the confusion in its definition because everybody is working under a similar yet very different definition.
	www.usd.edu /elderlaw/student_papers_f2003/medical_necessity.htm (2857 words)

	Howard L Nations Law Firm Recommended Reading -Tort
		Well-documented and eminently readable, In Defense of Tort Law is the first book to systematically examine the sociological, legal, and policy dimensions of the tort reform debate.
		Engaging and up to date, In Defense of Tort Law argues that tort remedies need to be expanded, not contracted, to deal with such emerging threats to the public welfare as cyberstalking, identity theft, invasion of privacy, Internet fraud, and other injuries in cyberspace.
		Their comprehensive survey of contemporary tort law in action uses dramatic stories to demonstrate the necessity for tort litigation as a non-bureaucratic alternative to regulation.
	www.howardnations.com /reading/tort.html (674 words)

	Bureau of Private Investigation, Hawaii Torts, Liability & Negligence (Site not responding. Last check: 2007-11-03)
		Except for the defense of truth and for certain narrowly defined classes of privileged communications, defamation was generally a strict liability tort.
		Tort investigations are concerned with both subjects at once, i.e., what interests of plaintiff should be protected from what kinds of interferences by defendant.
		The Bureau's services are predicated on knowledge of Civil Laws (Torts) and their Defenses which is the primary foundation for an investigator's perspicacity necessary for evidence discovery and acquisition.
	www.pibureau.com /cases/torts.htm (897 words)

	H.L. v. THE UNITED KINGDOM - 45508/99 [2004] ECHR 471 (5 October 2004)
		He pointed out that for the tort of false imprisonment to be committed there must, in fact, be a complete deprivation of, or restraint on liberty: an actual and not a potential deprivation of liberty went towards constituting the tort.
		But that journey was plainly justified by necessity, as must frequently be so in the case of removal to hospital by ambulance of unfortunate people who have been taken ill or suffered injury and as a result are incapacitated from expressing consent.
		He suggested that it was possible for a person to be detained under the doctrine of necessity without an examination of whether he or she had been reliably shown by objective medical expertise to be suffering from a mental disorder of a kind or degree warranting compulsory confinement.
	www.worldlii.org /eu/cases/ECHR/2004/471.html (16558 words)

	Defenses to Intentional Torts (Site not responding. Last check: 2007-11-03)
		The privilege of self-defense rests upon the necessity of permitting a person who is attacked to defend herself or himself where there is no time to resort to the law.
		An analogous issue in the area of negligent torts is the defense of voluntary assumption of the risk.
		Under section 262 of the Restatement 2d of Torts, the doctrine of public necessity operates to avoid liability for what would otherwise constitute an actionable conversion "if the act is or is reasonably believed to be necessary for the purpose of avoiding a public disaster." In other words, the test is one of reasonableness.
	classes.washburnlaw.edu /smit/coursemat/2002/torts/defense.html (3581 words)

	[No title]
		Intentional torts are torts that usually have a crime associated with them though not always.
		This tort allows a plaintiff to recover when there is no other tort to base the damages on.\par }{\plain \par }{\plain Infliction of Emotional Distress involves only incidents, which would shock the conscious.
		One common defense in negligence that is not present in an intentional tort is contributory negligence.
	www.case.edu /orgs/undergradmocktrial/notebook/section_21.doc (1730 words)

	PrawfsBlawg: Why the Necessity Defense is Unneccesary
		The question the necessity defense poses is essentially "Was X required to avoid a greater harm?" An objective determination of this question will sufficiently determine the "desirability" of X. On the other hand, disallowing the necessity defense and thus introducing the punishment into the calculation of utility seems relevant to determining the defendant's utility.
		So, a rational driver should know that if her activity would not be viewed by a court as a "necessity" (if, say, her excuse was that did not want to miss the start of "Grey's Anatomy"), she would not be successful in raising the necessity defense.
		So, the legislature implemented a strict liability regime but kept the necessity defense -- so that each driver who runs a red light can avoid sanction if she can tell the judge (or arresting officer) a compelling story regarding why it was in society's best interest for her to run the light.
	prawfsblawg.blogs.com /prawfsblawg/2006/05/why_the_necessi.html (3677 words)

	The K-Zone: Necessity (Site not responding. Last check: 2007-11-03)
		In English law, necessity does not amount to a general defence either to a criminal charge or to a claim in tort.
		The archetypal necessity case for many years was RVDudleyAndStevens1884, in which it was held that it was never acceptable to kill another person to save one's own life (except in the special cases mention above, such as self defence), even when the victim would inevitably die within days.
		What appears to come out of the necessity cases of the last ten years is that the are circumstances in which the courts will recognize a defence of necessity, but it isn't always easy to predict what these circumstances are.
	www.kevinboone.com /PF_lawglos_Necessity.html (623 words)

	Concurring Opinions: The Necessity Defense?
		Seems like a pretty clear cut case of a good necessity defense, but then again, it has been some time since I had criminal law.
		To prove that he had an objective need to commit a crime excusable by the defense of necessity, a defendant must prove three essential elements: (1) the act charged was done to prevent a significant evil; (2) there must was no adequate alternative; and (3) the harm caused was not disproportionate to the harm avoided.
		The test employs the "reasonable man" standard and is also available where the defendant reasonably acts out of fear of "imminent danger of death or serious bodily harm" to others.
	www.concurringopinions.com /archives/2006/03/the_necessity_d_1.html (789 words)

	Innocent trespass (Lewis Klar, 28 Feb 2006)
		If a tort law judge believes that motorists should be required to pick up other motorists whose cars have broken down, or, to take an extreme example, that everyone should be donating 20% of their income to charities (as some religions dictate), should that also become part of tort law?
		As I tried to express in my comment, being against a tort law which forces property owners to become the unwilling patrons of stranded hikers, is not to personally be against sharing.
		If I were wealthy enough to own a cabin in the mountains (which I am not since I am a Canadian law professor), I would feed and shelter stranded hikers, and ask them for not a penny, as long as they were reasonable.
	www.ucc.ie /law/odg/messages/060228d.htm (600 words)

	The Constitutionality of Tort Reform - Law Firm Jacobs & Goodman PA Attorneys Altamonte Springs, Florida
		As every physician knows, that Act was passed by the legislature as part of an effort at tort reform to alleviate the same crisis in medical malpractice that had been addressed in 1975.
		That there was a legislative showing of overpowering public necessity for the abolishment of the right and no alternative method of meeting such public necessity.
		By contrast, the court did not feel that the benefits to society as a whole or to the patient were sufficient to counter-weigh the loss of full redress for malpractice.
	www.jacobsandgoodman.com /CM/Articles/Articles19.asp (1198 words)

	Battery (tort) - Wikipedia, the free encyclopedia
		At common law, battery is the tort of intentionally (or, in Australia, negligently) and volitionally bringing about an unconsented harmful or offensive contact with a person or to something closely associated with them (i.e.
		Battery is actionable per se, meaning that a claim for the tort may succeed without proof of damage.
		The standard defenses to trespass to the person, namely necessity and consent, apply to battery.
	en.wikipedia.org /wiki/Battery_(tort) (374 words)

	Legal Corner
		Mass tort litigation has forced corporations in the asbestos and silicone implant industries into bankruptcy and threatens the tobacco industry and certain tire manufacturers.
		However, the Necessity Doctrine, a judge-made exception, permits payment of prepetition unsecured claims in the early stage of Chapter 11 when the failure to make those payments is detrimental to the debtor’s reorganization.
		Consequently, the Necessity Doctrine is consistent with the underlying policies and goals of Chapter 11, and reorganization of a financially struggling enterprise.
	www.nacm.org /bcmag/bcarchives/2001/articles2001/sep/legal_corner.html (1331 words)

	[No title]
		Generally a) The creation of the tort (1) The tort of intentional infliction of emotional distress was developed for those cases where the intentional actions by the defendant were short of an assault, but still caused the plaintiff to suffer sever emotional or physical damage.
		123-124, where the "necessity" involves intentionally sacrificing a person's life for one's own life or for the lives of others, the defense of necessity will not be accepted.
		By holding that not having radar is unreasonable, the tort law system provides a choice to symbol 68 \f "Symbol" \s 12's: to comply and avoid liability, or to not comply, save the amount invested but pay for liability.
	users.cwnet.com /keithw/torts.doc (21236 words)

	OFM \| Risk Management
		Claim forms cannot be submitted electronically (via e-mail or fax) at this time because of the requirement that they be signed by the claimant, and because of the necessity of accurately documenting receipt date and time.
		Chapter 4.92 RCW charges the Risk Management Division (RMD)with responsibility for processing citizens' tort claims against the state, setting self-insurance premiums and administering payment of claims through the liability account.
		This form is for personal injury, bodily injury, property damage, and most non-vehicle related incidents in which a claimant believes an injury is the fault of a state agency or employee.
	www.ofm.wa.gov /rmd/tort/default.asp (406 words)

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