Necessity defense: which is true?

• A. Private necessity bars all damages
• B. Public necessity is absolute defense; private necessity is partial
• C. Public necessity is partial; private necessity bars damages
• D. Private necessity allows punitive damages

Answer: (B)

In tort law, the necessity defense splits into public and private forms, and they are treated differently. Public necessity is an absolute defense: when someone acts to avert a danger to the community as a whole, their actions that harm private property are not a basis for liability. The reason is that protecting the public interest overrides the owner’s interest in not having their property damaged.

Private necessity, on the other hand, is a privilege but not a complete shield. It allows someone to interfere with another’s property to prevent imminent personal or private harm, but the person who caused the damage generally must pay for the actual damages they caused. It does not excuse all liability, and punitive damages are not awarded under this defense.

So the statement that public necessity is an absolute defense and private necessity is partial accurately reflects how these defenses operate.