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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