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Unit 5 Torts

Unit 5 Torts. ARE 306. Definition. Civil Wrong. Types. Intentional Negligent Strict liability. Intentional Torts. Intent Punitive (exemplary) damages Types (many) Trespass Battery Assault. Negligence. Elements Duty Breach of duty Proximate causation (legal cause) Foreseeability

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Unit 5 Torts

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  1. Unit 5 Torts ARE 306

  2. Definition • Civil Wrong

  3. Types • Intentional • Negligent • Strict liability

  4. Intentional Torts • Intent • Punitive (exemplary) damages • Types (many) • Trespass • Battery • Assault

  5. Negligence • Elements • Duty • Breach of duty • Proximate causation (legal cause) • Foreseeability • Actual damages

  6. Negligence - definition • The failure to act as a reasonable person

  7. Negligence - common law defenses • Contributory negligence • Last clear chance • Assumption of the risk • Comparative fault

  8. Negligence - burden of proof • Preponderance of the evidence • Res ipsa loquiter

  9. Insurance • Intentional torts/crimes generally not covered • Exceptions: defamation • Acts of third parties • restricted to legal obligations • Review policies carefully

  10. Liability for pesticide application • Theories • Strict • Negligence • Intentional • Trespass • Regulatory

  11. Entrants upon agricultural land • Trespassers • Slight duty • No malicious injury • No excessive or deadly force • Necessity exception

  12. Entrants upon agricultural land • Licensees • Duty to warn of dangerous conditions and animals, and hunters of other hunters • Note: Nelson v. Freeland

  13. Entrants upon agricultural land • Invitee • Duty to make premises safe or warn of conditions that cannot be made safe • Special rules for children

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