A fire begins spreading through a neighborhood, threatening several homes. A person enters another's house without permission to retrieve a fire extinguisher to slow the fire's spread. The homeowner files a lawsuit for trespass. Can the person avoid liability?
No, because the privilege of public necessity only applies if the property entered is directly under threat.
Yes, because public necessity permits actions that aim to prevent harm to the community in emergencies.
No, because the person did not have the homeowner's permission to enter the property.
Yes, because the person believed retrieving the fire extinguisher was the best way to slow the fire.
The principle of public necessity excuses trespass if the action is reasonably necessary to prevent significant public harm, such as stopping a fire threatening multiple properties. Here, the fire endangered the community, making the entry justifiable under this principle. Other answers fail because liability is not dependent on permission from the homeowner, the necessity can extend beyond immediate threats to the entered property, and legal justification is assessed objectively, not based on personal beliefs about the situation.
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