The concept of choice of evils, also referred to as necessity, is employed as a defence in criminal law when an individual takes action in an unforeseen emergency and causes harm that is less severe than the harm that would have occurred if they had not acted. For instance, if a mountain climber who is lost in a blizzard steals food and blankets from someone else’s cabin to survive, they can invoke necessity as a defence. In tort law, necessity can also serve as a privilege to exempt a person from liability for damaging another person’s property in an attempt to protect life or health. Various forms of necessity exist, such as manifest necessity, military necessity, moral necessity, physical necessity, private necessity, and public necessity.
The legal defence of choice of evils, also known as necessity, is used when a person commits a lesser harm in order to prevent a greater harm in an emergency situation that they did not create. For instance, if a mountain climber is lost in a blizzard, they can use the defence of necessity to justify taking food and blankets from someone else’s cabin to survive. Similarly, if a person damages another’s property while trying to protect life or health, they can use the defence of necessity to avoid being held liable for trespass or conversion. For example, if someone breaks a window to rescue someone from a burning building, they can invoke the defence of necessity. These examples demonstrate how the defence of necessity can be used to justify actions taken in an emergency situation where there was no other option but to commit a lesser harm to prevent a greater harm.
Choice of Evils, also known as the defence of necessity, is a legal principle that allows individuals to justify their actions if they were compelled to commit a lesser evil to prevent a greater harm or danger.
The defence of Choice of Evils can be used when an individual reasonably believes that their actions were necessary to prevent imminent harm or danger to themselves or others.
Courts consider several factors, including the immediacy and seriousness of the harm or danger, the availability of alternative courses of action, and whether the harm caused by the defendant’s actions was proportional to the harm avoided.
No, the defence of Choice of Evils is typically limited to certain types of cases, such as criminal law, where an individual’s actions may be justified due to the circumstances.
Generally, the defence of Choice of Evils requires the harm or danger to be imminent or immediate. If the harm was not immediate, other legal defences may need to be considered.
The availability of reasonable alternatives is an important factor in determining the applicability of the defence. If other reasonable alternatives were available, the defence may not be successful.
The defence typically requires that the harm caused by the defendant’s actions was proportional to the harm avoided. If the harm caused was excessive or disproportionate, the defence may not be successful.
The defence of Choice of Evils can only be used to justify actions that would otherwise be considered illegal. If the defendant’s actions were already legal, the defence may not be applicable.
No, the defence of Choice of Evils requires that the defendant’s actions were compelled by the necessity to prevent harm or danger. Personal preference or convenience is not a valid justification.
The defence typically requires that the harm caused by the defendant’s actions was directed towards preventing harm or danger. If innocent third parties were harmed without a direct connection to the harm or danger being prevented, the defence may not be successful.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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