The Use of Necessity in Defense - Essay Example

This claim is better depicted in Surocco vs. Geary, whereby the mayor of San Francisco ordered the demolition of a house to prevent the spread of fire. Surocco had sued for compensation, but the courts denoted that Geary acted out of necessity for giving out such an order (White, 2012). This managed to prevent the spread of fire, protecting the city as a whole.

On this basis, his actions were for the public good. The main rational4\]e for the use of necessity in defense is based on the fact that at certain times, a technical breach of a country’s laws might be advantageous to the community (White, 2012). This is as opposed to the strict adherence to the law under consideration. 

Claims of necessity are always successful when it involves trespassing on a property to save an individual’s life. A good example is the case involving Wegner vs. Milwaukee Mutual Ins Company. In this case, the courts ruled that it was the responsibility of the government of Minnesota to compensate a land owner, when officers of the government took over his land, for public usage (White, 2012).