| Popis: |
A tort is a civil wrong committed by a party against another party or their property. The three main tort actions are intentional tort, negligence, and strict liability. These torts require different elements of proof but all require a plaintiff to show that the defendant owes a duty of care. The agriculture-related intentional tort actions are trespass, nuisance, and conversion. An intentional tort action requires the plaintiff to prove that there was a voluntary act by the defendant. A negligence action focuses on the conduct of a defendant. A court determines whether a defendant’s conduct fell below what a reasonably prudent person would do under the same or similar circumstances. Strict liability imposes liability without fault. A plaintiff may recover specific and general damages. The cases explain the principles of duty of care, different approaches for proving negligence, and application of the rule in Rylands v Fletcher in proving strict liability. |
