ABSTRACT

Chapter 3 introduces the concept of a tort, a civil wrong. The difference between torts and crimes are explained. Discussed is the difference between the standards of proof in civil tort cases and criminal cases. Relief in tort cases, monetary damages, punitive damages, and injunctive relief is set forth. The types of torts, intentional, negligent, and strict liability along with examples are set forth. The concept of gross negligence and its relevance in food safety cases is introduced. Vicarious liability for acts of third parties is explained using agricultural examples. The chapter concludes with a discussion of insurance and an explanation of insurance terms. The implications of an insurance policy issuer to defend its insured is noted. Obligations of insureds to promptly report events and keep records to avoid loss of coverage is explained.