Necessity
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
On this page:
Writing Template
Issue
I: The issue is whether Defendant may avoid liability for Plaintiff’s injuries under a theory of necessity.
Analysis
R: The defense of necessity applies to certain intentional torts to property, such as trespass to land, trespass to chattels, and conversion. Necessity may be invoked in two forms: (1) private necessity, which is a qualified privilege, and (2) public necessity, which is an absolute privilege.
1. Private Necessity
R: Private necessity is a qualified privilege that allows a defendant to interfere with another’s property rights to protect (1a) their own interests or (1b) the interests of a limited number of people from (2) serious harm when the interference is (3) reasonably necessary to prevent such harm.
A: Here, [apply rule to facts].
C: Therefore, the first element [is/is not] satisfied.
2. Public Necessity
R: Public necessity is an absolute privilege that allows for (1) reasonable interference with or destruction of private property when (2) necessary to protect a large group of people or the public at large from a public calamity. Public necessity applies in cases such as natural disasters, disease outbreaks, fires, or hostile military actions.
A: Here, [apply rule to facts].
C: Therefore, the second element [is/is not] satisfied.
Conclusion
C: Therefore, Defendant may [avoid/not avoid] liability for Plaintiff’s injuries under a theory of necessity.
Damages for Private Necessity
R: Unlike public necessity, private necessity does not excuse the defendant from liability for actual damages caused during the interference, but does prevent liability for nominal or punitive damages as long as the necessity continues. Nor can the property owner forcibly eject the defendant during the period of necessity.
A: Here, [apply rule to facts].
C: Therefore, Plaintiff may recover [enter types of damages].
Damages for Public Necessity
R: In contrast to private necessity, public necessity is an absolute privilege. When public necessity applies, the defendant is generally not liable for any damages—nominal, punitive, or actual—caused to the plaintiff’s property during the interference.
A: Here, [apply rule to facts].
C: Therefore, Plaintiff may recover [enter types of damages].
Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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