Legal Definitions - choice of evils

Choice of evils is a legal defense used when a person commits a harm that is less severe than the harm that would have occurred if they did not act in an emergency situation they did not create. It is also known as necessity.

• A mountain climber lost in a blizzard can use the defense of necessity to justify stealing food and blankets from another's cabin to survive.
• If a person harms another's property in an effort to protect life or health, they can use the defense of necessity to avoid liability for trespass or conversion. For example, if a person breaks a window to rescue someone from a burning building, they can use the defense of necessity.

These examples illustrate how a person can use the defense of necessity to justify their actions in an emergency situation where they had no other choice but to commit a lesser harm to prevent a greater harm.