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Necessity

Necessity (Property · Initial Look at Exclusion's Limits) — "In Ploof v. Putnam, the plaintiff alleged that a sudden and violent tempest placed his sloop, prop…

Ideas in this flowchart

  • Ploof v. Putnam recognizes necessity as a justification for otherwise wrongful interference.
  • A sudden, violent tempest placed the sloop, property, and family in great danger.
  • The danger compelled the plaintiff to moor the sloop to the defendant’s dock.
  • The defendant’s servant unmoored the sloop, which was driven ashore, injuring the plaintiff and his family.
  • Necessity may justify entry upon land or interference with personal property that would otherwise constitute trespass.
  • Entering land to save goods threatened by water or fire is not a trespass.
  • The necessity doctrine applies with special force when human life must be preserved.
  • The allegations that the tempest compelled mooring to the dock sufficiently pleaded necessity.
  • Details concerning the situation were matters of proof rather than pleading.
  • The allegation that the defendant acted by his servant sufficiently pleaded that the servant acted within the scope of employment.
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Necessity

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"In Ploof v. Putnam, the plaintiff alleged that a sudden and violent tempest placed his sloop, property, and family in great danger, compelling him to moor the sloop to the defendant’s dock. The defendant’s servant unmoored the sloop, after which it was driven ashore, and the plaintiff and his family were injured. The court explained that necessity may justify entries upon land and interferences with personal property that would otherwise be trespasses. An entry upon land to save goods in danger of being lost or destroyed by water or fire is not a trespass, and the doctrine of necessity applies with special force to the preservation of human life. The allegations that the tempest compelled the plaintiff to moor to the dock sufficiently pleaded necessity; details concerning the situation were matters of proof. The counts also sufficiently alleged that the servant acted within the scope of his employment because they stated that the defendant acted by his servant."

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