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by Charles L. Cotton
Sat Dec 25, 2010 12:26 pm
Forum: Instructors' Corner
Topic: 2-?s
Replies: 14
Views: 1239

Re: 2-?s

longtooth wrote:Lawyers or legal eagles:
#1. What is the legal term used for breaking one law to keep a greater harm from taking place if the law was not broken.
"Necessity" TPC §9.22.
TPC §9.22 - Necessity wrote:Sec. 9.22. NECESSITY. Conduct is justified if:

(1) the actor reasonably believes the conduct is immediately necessary to avoid imminent harm;

(2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; and

(3) a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.

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