Art. 11, Par. 4 RPC – Avoidance of greater evil or injury

Art. 11, Par. 4 RPC – Avoidance of greater evil or injury.

Any person who, in order to avoid evil or injury, does an act which causes damage to another provided that the following requisites are present:

a. that the evil sought to be avoided actually exists;

b. that the injury feared be greater than that done to avoid it;

c. that there be no other practical or less harmful means of preventing it.

Damage to another

This term covers

1. injury to persons; and

2. damage to property

-where the accused who was about to be married to the offended party eloped with another man, after the offended party had made preparations for the wedding, it was held that there was a necessity on the part of the accused of avoiding a loveless marriage with the offended party, and that her refusal to marry him and her eloping with the man whom she loved were justified and did not amount to crime of slandeer by deed.

That evil sought to be avoided actually exists

-the evil sought to be avoided is not merely expected or anticipated or may happen in the future.

Example of injury to person

-a person was driving his car on a narrow road with due diligence and care when suddenly he saw a “six by six” truck in front of his car. If he would swerve his car to the left he would fall into a precipice, or if he would  swerve it to the right he would kill a passer-by. He was forced to choose between losing his life in the precipice or sacrificing the life of the innocent bystander. He chose the latter, swerved his car to the right, ran over and killed the passer-by.

-in view of this example and the principle involved, the killing of the foetus to save the life  of the mother may be held excusable.

That the injury feared be greater than that done to avoid it.

-No. the instinct of self-preservation will always make one feel that his own safety is of greater importance than that of another.