Practice question
To avoid a real greater danger, a person damages another’s property even though an equally effective, practical and much less harmful solution was readily available. He says actual danger alone establishes the whole Article11(4) defense. Which is best?
- Actual danger eliminates all other requisites
- Any preference for damage is justified
- The defense also requires no other practical and less harmful means; the stipulated available alternative defeats that requisite
- The property owner must always bear every loss without law
- Necessity is decided solely by the actor’s label
Legal references
- Revised Penal Code Article11(4): https://lawphil.net/statutes/acts/act1930/act_3815_1930.html
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