Necessity - Law Dictionary Search Results
Home Dictionary Name: necessityNecessity, agent of
Necessity, agent of. An agent of necessity may be constituted in two ways: (1) 'Extraordinary emergencies may arise, in which a person who is an agent, may, from the very necessities of the case, be justified in assuming extraordinary powers; . . . his acts, fairly done, under such circumstances, will be binding up on his principal' (Story on Agency, 9th ed. s. 141). (2) A stranger acting without any authority may become an agent under circumstances of positive necessity. The doctrine originated in marine adventure, but has been gradually extended, see Prager v. Blatspied, (1924) 1 KB 566; see Gwillian v. Twist, (1895) 2 QB 84; Largan v. G.W.R. Co., 30 LT 173.A wife deserted by her husband has authority by law, as an agent of necessity, to pledge his credit for necessaries suitable to her station in life and for costs reasonably incurred in taking proceedings against him.A wife defending a divorce suit is not an agent of necessity as regards her costs, Arnold and Weaver v. Amari, (1928...
Necessity, homicide by
Necessity, homicide by, a species of justifiable homicide, because it arises from some unavoidable necessity, without any will, intention, or desire, and without any inadvertence or negligence in the party killing, and therefore without any shadow of blame. As, for instance, by virtue of such an office as obliges one, in the execution of public justice, to put a malefactor to death who has forfeited his life to the laws of his country; but to kill a man in order to eat him, and so escape death by hunger, is murder, see Reg. v. Duldey, (1884) 14 QBD 273; and JUSTIFIABLE HOMICIDE....
manifest necessity
manifest necessity : a circumstance (as an incurable pleading defect, the unavailability of an essential witness, juror misconduct, or illness of counsel) which is of such an overwhelming and unforeseeable nature that the conduct of trial or reaching of a fair result is impossible and which necessitates the declaration of a mistrial NOTE: If there is a manifest necessity for the declaration of a mistrial, the defendant may be retried without violation of the prohibition on double jeopardy. ...
Legal necessity
Legal necessity, the word 'necessity' means the kind of pressure which the law recognises as serious and sufficient, Ramsumran Prasad v. Mt. Shyam Kumari, AIR 1922 PC 356....
easement by necessity
easement by necessity :easement by implication at easement ...
necessity
necessity pl: -ties 1 a : the presence or pressure of circumstances that justify or compel a certain course of action ;esp : a need to respond or react to a dangerous situation by committing a criminal act b : an affirmative defense originating in common law that the defendant had to commit a criminal act because of the pressure of a situation that threatened a harm greater than that resulting from the act see also choice of evils defense at defense compare duress, undue influence 2 : something that is necessary esp. to subsistence [obligated to provide the necessities of food, clothing, and shelter] ...
rule of necessity
rule of necessity :a rule permitting or requiring a judge or other official to adjudicate a case despite bias or personal interest when disqualification would result in the lack of any competent tribunal ...
way of necessity
way of necessity :easement by implication at easement ...
Easement of necessity
Easement of necessity, See [Easements Act, (5 of 1882), s. 13]...
Flagrant necessity
Flagrant necessity, a case of urgency rendering lawful an otherwise illegal act, as an assault to remove a man from impending danger....
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