NECESSITY IN TORT LAW

ESSENTIAL INGREDIENTS OF NECESSITY AS A DEFENCE
1.INTENTIONAL ACT CAUSING HARM
2.SUCH ACT TO PREVENT GREATER EVIL (LIFE AND PROPERTY)
3.INTERFERENCE/ACT TO BE REASONABLY NECESSARY
4.NO OTHER OPTION AVAILABLE AS OF EMERGENCY SITUATION
1. Leigh v. Gladstone
2. Ian Braddy Case 1999
3.
2. Esso Petroleum Co Ltd v Southport Corpn (1956)
4. Cope v. Sharpe
5. Carter v. Thomas,
6. Kirk v. Gregory
7. State for the Home Department v Robb (1994


Q) The defendants were campaigners against genetically
modified crops. They had entered onto the land of the claimant
as trespassers and had damaged crops as part of a publicity
programme. The defendant argued that his or her actions were
necessary to draw public attention to what he or she believed to
be a genuine danger to the public at large. Decide the Case on
the issue whether the Plaintiff will succeed in the case or not. Discuss with the help of relevant principles in the particular
Defense in Tort Law