Private Neccessity

Private necessity is a defense to an intentional tort.

The private necessity rule in effect gives a liability rule to people in emergencies to use other's property to rescue themselves, while possibly compensating the property-owner for any damage caused. A private necessity defence is thus more likely where transaction costs of an efficient ex ante hypothetical bargain are high.

Private necessity is less successful where alternative means less damaging to other's property interests are possible. [London v Borough of Southwark] (L for squatters of land meant for public aid).

Cases

[Ploof v Putnam] (L for dockowner who untied moor of persons at dock to escape storm)
[Vincent v Lake Erie Transportation] (L for persons who tied their boat at a dock during a storm, damaging the dock)