To Establish the Defence of 'Necessity' the Defendant Must Prove

question 56

Multiple Choice

To establish the defence of 'necessity' the defendant must prove:

• A)the interference was neither intentional nor negligent.
• B)the plaintiff either expressly or impliedly agreed to the trespass.
• C)the trespass was required to protect life, land or goods from imminent and real harm.
• D)the trespass was necessary to protect the defendant from imminent physical harm by the plaintiff and was proportionate to the threat.