ABSTRACT
This defence can cover action taken in response to a situation other than that created by the defendant.
1. England
(a) Torts against property In Greyvensteyn v Hattingh 1911633 the Privy Council decided that the defendant was justified in diverting a swarm of locusts from his land on to someone else’s. In Mouse’s case 1608,634 necessity was held to allow jettisoning goods from a sinking ship. In Esso Petroleum v Southport Corporation 1955 it was said to be justifiable for a ship to discharge oil at sea to save the lives of people on board. But in Whalley v Lancashire & Yorkshire Railway 1884635 it was held that when the defendant’s land was already flooded, he was not entitled to divert the water onto someone else’s land.
