Which type of necessity may lead to liability for damages caused?

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Private Necessity refers to situations where an individual has to interfere with another's property or rights in order to protect their own interests or the interests of a specific person. While generally, the law provides a defense against liability for damage incurred during an exercise of necessity, this principle usually applies to Public Necessity. In the case of Private Necessity, even though the action may be justified due to the circumstances, the individual is typically liable for any damages caused.

For example, if a person breaks down a fence to seek refuge from a dangerous situation or to assist someone in distress, they may have a valid claim of necessity, but they are responsible for any damage done to that fence or property. This means the necessity does not provide a blanket immunity from liability, which is a key characteristic distinguishing it from other forms, such as Public Necessity, where the actor would not be liable for damages caused while preventing greater harm to society.

In contrast, Public Necessity serves as a complete defense and does not incur liability for damages, as the actions taken were for the benefit of the public at large. The other options do not represent established forms of necessity recognized in tort law, underscoring the nature of Private Necessity as the correct answer in this context

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