Law Answer Writing Practice 2018 - Week 6 - Question 6

90 Days Law Answer Writing Practice Question 2 for 21-Dec-2018

Instructions for Writing Answer

1. Write your answers in the comment section.

 

2. Experts will provide their feedback in reply.

3. Model Answers will be uploaded on this page the next day.

4. Rectify your mistakes and progress further.

5. All the Best.

21-Dec-2018 - Question 2

Explain necessity as a defence for the liability of tort and also mention the classes of necessity ? (2017) - 150 Words

For Question 1 - Click Here

Model Answer

In the law of tort, necessity can be a defense if it is justified on the basis of the circumstances of the case. The term “necessity” means in reference of defense by doing of an act for the purpose of avoiding or preventing a greater harm. Thus in such a situation, the defendant shall not be liable.

In the case of Cope vs Sharpey, it was held that the defendant was not liable for his act of entering into the land of plaintiff because he did so to prevent the fire.
Other relevant cases are:
Carter vs Thomas
Leigh Vs Glandstone
Park vs Grammy

Necessity can be of two classes:
1. Private - The principle applied is “necessitas inducit privilegium quod jura private”, meaning ‘Necessity induces a privilege because of a private right’.
Case- Vincent v. Lake Erie Transp. Co.

2. Public- The law regards the welfare of the public as superior to the interest of individuals.
Case - Surocco v Geary.

Note: There is no template for a correct UPSC answer, the model answer is only for your reference

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