ARE 306 Unit 5 TORTS I. Definition A personal or civil wrong inflicted upon one person by another for which the law allows redress. II. Intentional torts A. Inflicted with intent B. Punitive damages available C. Types (not a complete list) Trespass, battery, false imprisonment, intentional infliction of emotional distress, defamation (libel or slander), invasion of privacy, false light D. May also involve criminal prosecution III. NEGLIGENCE A. Elements - Duty - Duty breached - Proximate causation (legal cause) - Damages (to the plaintiff's person or property) B. Definition Negligence is the failure to act as a reasonable person would be expected to act under the same or similar circumstances. C. Common law defenses - Contributory negligence - Assumption of the risk - Last clear chance (modifies contributory negligence) D. Comparative fault (or negligence) E. Burden of Proof- preponderance of the evidence - res ipsa loquitur IV. Strict Liability A. Liability without fault B. Applied to ultrahazardous activities or abnormally dangerous activities V. Insurance A. Intentional torts and crimes generally not covered B. Only legal, not moral, obligations covered C. Policies should be reviewed carefully VI. Liability for Pesticide Application A. Theories - Strict - Negligence - Trespass VII. DUTY TO PROTECT THOSE ENTERING AGRICULTURAL LAND A. Trespassers - duty slight - may not maliciously injure - may not use more force than necessary to eject - may not use deadly force - necessity B. Licensees (Nelson v. Freeland abolished this category in N.C.) Definition: enter property for their own purpose, but with permission (e.g., social guests) Duty to warn of dangerous conditions and animals, and, if a hunter, other hunters C. Invitee Definition: On land with permission and for the purpose of the owner or tenant (e.g., repair person, hunter who shares game with the tenant or owner) Duty to make the premises safe or warn of conditions which cannot be made safeD. Special rules for children who
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