The result has been that the doctrine of necessity
is practiced in Cyprus as if it were a natural state of affairs rather than a temporary emergency expedient.
The doctrine of necessity
that was allegedly invoked by President Buhari as presented by Keyamo constitutes a disservice on his part to the people of Nigeria; a deliberate attempt for a Senior Advocate of Nigeria to aid the executive arm of government in violating the 1999 Constitution.
A party seeking to establish easements of necessity
must demonstrate: (1) a prior common ownership of the dominant and servient tenements; (2) transfer of one of the parcels; and (3) strict necessity for an easement at the time of severance.
Beyond the homelessness, hunger, disease, disaster and war that trap millions in lives of desperate need, polarization also threatens to reduce us all to the realm of necessity
. When we fear that a genetically modified organism will poison us, that our health care will vanish, that a war will break out, that a shooter will target our football game, that immigrants will take our jobs, or that our children will overdose, the realm of necessity
(1) Implied Grant of Way of Necessity
. The common-law rule of an implied grant of a way of necessity
is hereby recognized, specifically adopted, and clarified.
Because the question whether destruction is justified is distinct from the question whether compensation is required in conjunction with that destruction, if some "necessity" is to justify not paying compensation, it will have to be a second type of necessity
, different from destruction necessity in its sources and implications.
The changes in the relative consumption shares of necessities and luxuries before and after the recession were reinforced by the disparate growth rates of income in different age groups, as well as stronger rates of growth in the prices of necessity
goods relative to luxuries.
The authors' investigations reveal that the concept of necessity
"operated as a meaningful and substantial constraint on the use of force for as long as philosophers have been discussing the justice of war" (p 273).
In reality, one might say that there are four forms of necessity
: two forms of public necessity and two forms of private necessity.
A suggestion of necessity
jurisdiction maybe found in footnote 37 of the decision and its accompanying text.
However, the discussion will also be significant for the defence of necessity
. I will argue that the developments in the law of duress, as explained in Ryan, demand similar changes to the defence of necessity