Legal Definitions - incident power

Definition: Incident power refers to a power that is necessary to achieve a specific purpose, even if it is not explicitly granted. It is a power that is incidental or related to another power that has been granted.

Example: A city council has the power to regulate traffic on city streets. As part of this power, they also have the incident power to install traffic lights at intersections to control traffic flow. This power is necessary to achieve the purpose of regulating traffic, even though it is not explicitly granted.

Another example is the power of a trustee to sell trust property to pay off debts. This power is incidental to the trustee's duty to manage the trust property and ensure that it is used for the benefit of the beneficiaries.

These examples illustrate how incident power is a necessary and logical extension of a granted power, even if it is not explicitly stated.