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  2. Doctrine of necessity - Wikipedia

    en.wikipedia.org/wiki/Doctrine_of_necessity

    1. Necessity may not be invoked by a State as a ground for precluding the wrongfulness of an act not in conformity with an international obligation of that State unless the act: (a) is the only way for the State to safeguard an essential interest against a grave and imminent peril; and

  3. Necessity (criminal law) - Wikipedia

    en.wikipedia.org/wiki/Necessity_(criminal_law)

    Emergency law/right (nødret, nødrett) is the equivalent of necessity in Denmark and Norway.[1] [2] It is considered related to but separate from self-defence.Common legal examples of necessity includes: breaking windows and other objects in order to escape a fire, commandeering a vehicle to serve as an emergency ambulance, ignoring traffic rules while rushing a dying patient to a hospital ...

  4. Necessity in English criminal law - Wikipedia

    en.wikipedia.org/wiki/Necessity_in_English...

    When considering necessity in R v Cole (1994) Crim. LR 582 Simon Brown LJ. held that the peril relied on to support the plea of necessity lacked imminence and the degree of directness and immediacy required of the link between the suggested peril and the offence charged. This defendant robbed two building societies in order to repay debts.

  5. Necessity (tort) - Wikipedia

    en.wikipedia.org/wiki/Necessity_(tort)

    In tort common law, the defense of necessity gives the state or an individual a privilege to take or use the property of another. A defendant typically invokes the defense of necessity only against the intentional torts of trespass to chattels , trespass to land , or conversion .

  6. Opinio juris sive necessitatis - Wikipedia

    en.wikipedia.org/wiki/Opinio_juris_sive_necessitatis

    The other element is state practice, which is more objective as it is readily discernible. To qualify as state practice, the acts must be consistent and general international practice. A situation where opinio juris would be feasible is a case concerning self-defense. A condition must be met where the usage of force is limited to the situation ...

  7. Criminal law of the United States - Wikipedia

    en.wikipedia.org/wiki/Criminal_law_of_the_United...

    Model Penal Code allows that if an act is a result of mental disease or defect, and the defendant lacked substantial capacity to recognize the wrongfulness of the act or conform to legal conduct. ALI rule extinguishes liability if as a result of mental disease of defect, the defendant lacks substantial capacity either to appreciate the ...

  8. Duress in American law - Wikipedia

    en.wikipedia.org/wiki/Duress_in_American_law

    In criminal law, duress and necessity are different defenses. [1] [2] Duress has two aspects. One is that it negates the person's consent to an act, such as sexual activity or the entering into a contract; or, secondly, as a possible legal defense or justification to an otherwise unlawful act. [3]

  9. Necessity in Canadian law - Wikipedia

    en.wikipedia.org/wiki/Necessity_in_Canadian_law

    The defence of necessity is an excuse for an illegal act, not a justification for committing the illegal act. The leading case for the defence is Perka v.The Queen [1984] 2 S.C.R. 232 [1] in which Dickson J. described the rationale for the defence as a recognition that: