Necessity
/nəˈsɛsɪti/
Definitions
- (n.) A circumstance justifying or compelling an act otherwise unlawful to avoid a greater harm.
The defendant pleaded necessity to justify breaking the highway barrier during the emergency.
- (n.) An indispensable thing or condition required by law or circumstance.
Access to legal counsel is a necessity in criminal proceedings.
Related terms
See also
Commentary
In legal drafting, distinguish necessity as a defense from related concepts like duress and self-defense; clarity in the circumstances that justify necessity is essential.
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.