Final answer:
The defense of necessity in tort law can be invoked in situations where an individual must commit a tortious act to prevent a greater harm, such as taking needed supplies during a disaster for survival. It requires no reasonable alternative actions, that more significant harm is avoided, and the act is to avert imminent danger.
Step-by-step explanation:
Defense of Necessity in Tort Law
The defense of necessity can be raised in tort law under specific circumstances where an individual is compelled to infringe on the rights of another to prevent a more significant harm. This defense is usually applied in dire situations where the actions taken, although normally considered a tortious act, are done to avert an immediate and significant danger. For example, in a situation seeking needed supplies for survival during a disaster, an individual may argue they had to take items without paying because it was necessary to survive in a changed environment.
To invoke the necessity defense, typically there must be:
- No reasonable alternative to the action taken.
- The harm avoided must be greater than the harm caused by the tortious act.
- The defendant must be in imminent danger and the action taken must be for the purpose of avoiding that danger.
The defense is not absolute and is weighed heavily on the specifics of the situation, including the reasonableness of the defendant's belief and actions.