Defense of Necessity

/dɪˈfɛns əv nəˈsɛsɪti/

Definitions

  1. (n.) A legal justification excusing conduct that would otherwise be unlawful because it was necessary to prevent a greater harm.
    The defendant raised a defense of necessity after breaking into the cabin to escape a severe storm.

Commentary

This defense differs from duress in that the threatened harm is not caused by another person but arises from natural forces or emergencies.

This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.

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Amicus Docs | Defense of Necessity Definition