To Establish the Defence of 'Necessity' the Defendant Must Prove

To establish the defence of 'necessity' the defendant must prove:

A) the interference was neither intentional nor negligent.
B) the plaintiff either expressly or impliedly agreed to the trespass.
C) the trespass was required to protect life, land or goods from imminent and real harm.
D) the trespass was necessary to protect the defendant from imminent physical harm by the plaintiff and was proportionate to the threat.