What is the difference in consequences to a defendant in claiming private necessity as opposed to public necessity?

What will be an ideal response?


The conduct of a defendant protecting only his or her own interests or those of a few private citizens falls into the realm of private necessity. By contrast, if the class of persons being protected is the public as a whole or a substantial number of persons, the privilege is referred to as public necessity. The only reason for distinguishing between these two kinds of necessities is that the defendant does not have to pay for damages caused in cases of public necessity but is required to do so in cases involving private necessity.

Legal Studies & Paralegal

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Legal Studies & Paralegal