TITLE 20
PERSONAL RIGHTS AND OBLIGATIONS
Chapter
01 The Nature Of Obligations
02 Conditional Obligations
03 Alternative Obligations
04 Performance Of Obligations
05 Offer Of Performance Of Obligations
06 Excuses For Want Of Performance
07 Accord And Satisfaction, Novation And Release Of Obligations
08 Restoration Of Things Improperly Obtained
09 Liability For Torts
10 Liability For Deceit
10A Liability For Disparagement Of Agricultural Food Products
11 Liability For Defamation
11A Powers And Obligations Of Persons Of Unsound Mind
12 Municipal And County Protection Of Human Rights
13 Human Rights
14 Commission On Status Of Women [Repealed]
15 Accessibility Law Violations
20-1-1
Obligation defined.
20-1-2
Origin of obligations.
20-1-3
Kinds of obligations arising by operation of law.
20-1-4
Joint and several obligations and rights.
20-1-5
Obligations and rights presumed joint and not several.
20-1-6
Right of contribution on satisfaction of joint obligation.
20-2-1
Conditional obligation defined.
20-2-2
Impossible or unlawful condition void.
20-2-3
Strict interpretation of condition involving forfeiture.
20-2-4
Kinds and definition of conditions.
20-2-5
Fulfillment of conditions before requiring performance.
20-2-6
Performance of conditions waived by notice of nonperformance by other party.
20-3-1
Alternative obligation defined--Right of selection.
20-3-2
Unlawful or impossible alternative disregarded.
20-3-3
Selection of alternative in entirety.
20-3-4
Selection of alternative if not exercised by party having right.
20-4-1
Obligation extinguished by full performance.
20-4-2
Joint obligation extinguished by performance by one person.
20-4-3
Joint right extinguished by performance to one person--Deposit excepted.
20-4-4
Obligation extinguished by performance in manner directed by creditor.
20-4-5
Indivisible obligation partially extinguished by partial performance if benefit
voluntarily retained--Exception.
20-4-6
Performance applicable to two or more obligations.
20-4-7
Performance applied according to debtor's intent.
20-4-8
Application of performance according to creditor's selection--Application to rights
held individually and as trustee--Rescission of application made by creditor.
20-4-9
Application of performance in absence of selection by parties.
20-5-1
Obligation extinguished by offer of performance.
20-5-2
Offer of partial performance.
20-5-3
Offer of performance made by or on behalf of debtor.
20-5-4
Offer of performance made to creditor or authorized person.
20-5-5
Place of offer of performance.
20-5-6
Time of offer of performance.
20-5-7
Delayed offer of performance with compensation for delay.
20-5-8
Good faith offer required.
20-5-9
Offer to be free from conditions.
20-5-10
Ability and willingness to perform required for offer.
20-5-11
Tender of delivery not required until offer accepted.
20-5-12
Thing offered to be separable.
20-5-13
Conditional offer permitted.
20-5-14
Receipt for property delivered in performance.
20-5-15
Waiver by failure to state objections to mode of offer.
20-5-16
Passage of title to thing offered in performance.
20-5-17
Retention of thing offered until acceptance by creditor.
20-5-18
Interest stopped by offer of performance.
20-5-19
Retention by creditor of thing not accepted as performance.
20-6-1
Want of performance or delay excused.
20-6-2
Uncontrollable cause excusing want or delay of performance.
20-6-3
Want or delay of performance excused by creditor's act inducing nonperformance.
20-6-4
Want or delay of performance excused by creditor's act or operation of law
preventing performance.
20-6-5
Debtor entitled to benefits when performance prevented by creditor.
20-6-6
Debtor entitled to portion of benefits when performance prevented other than by
creditor.
20-6-7
Refusal of performance before offer equivalent to offer and refusal.
20-7-1
Accord defined.
20-7-2
Execution of accord required to extinguish obligation.
20-7-3
Acceptance of accord as satisfaction--Obligation extinguished.
20-7-4
Obligation extinguished by part performance accepted in writing as satisfaction.
20-7-5
Novation defined.
20-7-6
Novation by substitution of obligation.
20-7-7
Novation by substitution of debtor.
20-7-8
Novation by substitution of creditor.
20-7-9
Rescission of satisfaction by substitution of debtor.
20-7-10
Obligation extinguished by release on new consideration or in writing.
20-7-11
Unknown claims not released by general release.
20-7-12
Joint debtors not released by release of one--Right of contribution.
20-8-1
Obligation to restore thing obtained without consent or by unlawful exaction.
20-8-2
Demand not required for obligation to restore--Notice of mutual mistake required.
CHAPTER 20-9
LIABILITY FOR TORTS
20-9-1 Responsibility for injury by willful act or negligence--Contributory negligence.
20-9-1.1 Loss of chance doctrine abrogated.
20-9-1.2 Other rules and principles not affected.
20-9-2 Comparative negligence--Reduction of damages.
20-9-3 Licensed medical practitioners immune from liability for emergency care.
20-9-4 Immunity of medical practitioner licensed in another state--Acts not deemed professional practice.
20-9-4.1 Immunity from liability for emergency care--Exception.
20-9-4.2 Physician treating minor without consent of parent or guardian--Immunity from liability--Treatments excepted.
20-9-4.3 Definition of terms.
20-9-4.4 Civil immunity for emergency use or nonuse of AED.
20-9-4.5 20-9-4.5. Repealed by SL 2007, ch 139, § 3.
20-9-4.6 AED trainer immunity.
20-9-4.7 20-9-4.7. Repealed by SL 2007, ch 139, § 4.
20-9-4.8 Immunity inapplicable in event of negligence or misconduct.
20-9-4.9 Over-the-counter AED--Application of chapter--Immunity from civil liability--Exception.
20-9-5 20-9-5. Repealed by SL 1987, ch 158, § 8
20-9-6 Right to protection from bodily harm, insult, or injury to personal relations.
20-9-6.1 Claim of barratry.
20-9-7 Abduction, enticement and seduction forbidden by rights of personal relation.
20-9-8 Repealed
20-9-9 Product's dealers and sellers immune from strict liability except for manufacturers or those who knew of defect--Other causes of action against seller not limited.
20-9-10 Product's manufacturer, assembler, or seller immune from strict liability for injury caused by certain alterations or modifications.
20-9-10.1 State of the art defense in product liability actions.
20-9-11 Landowners, tenants, and lessees exempt from liability for injuries on flooded land--Exceptions.
20-9-11.1 Trespasser defined.
20-9-11.2 Person with possessory interest in land exempt from liability to trespasser--Exceptions.
20-9-11.3 Person with possessory interest in land liable to trespasser for intentional injury.
20-9-11.4 Person with possessory interest in land liable for injury to or death of young child for certain artificial conditions on land.
20-9-11.5 Person with possessory interest in land liable for injury to or death under certain conditions where trespassers consistently intrude upon limited area.
20-9-11.6 Person with possessory interest in land liable for injury to or death of certain known trespassers.
20-9-12 Definition of terms.
20-9-13 Landowner not obligated to keep land safe for outdoor recreational activity—Exception.
20-9-14 Individual on private land for outdoor recreational activity--Landowner not liable--Exceptions.
20-9-15 Landowner liability for land leased to state or its political subdivisions for outdoor recreation activity.
20-9-16 Landowner liability for gross negligence or injury suffered where consideration charged or law violated.
20-9-16.1 Injury or death resulting from inherent risk of an agritourism activity--Warning notice.
20-9-17 Liability for injury to persons or property or failure to exercise care in use of land for outdoor recreation or agritourism.
20-9-18 Doctrine of attractive nuisance not affected.
20-9-19 Definition of terms as to political subdivisions.
20-9-20 Political subdivisions and employees not obligated to keep land safe for entry or use--Exceptions.
20-9-21 Liability of political subdivision or employees for invitational or permissive use of land.
20-9-22 Limits of political subdivision's liability.
20-9-23 Effect of §§ 20-9-19 to 20-9-23 on attractive nuisance or other legal doctrines.
20-9-24 Definition of terms as to state.
20-9-25 State's duty of care to keep land safe and to warn of dangers on land used for outdoor recreational purposes.
20-9-26 Liability of state, its agencies, and employees for invitational or permissive use of land.
20-9-27 Limits of state's liability.
20-9-28 Effect of §§ 20-9-24 to 20-9-28 on attractive nuisance or other legal doctrines.
20-9-29 Definitions.
20-9-30 Livestock owners--Control by another person.
20-9-31 Livestock--Contract--Facilities.
20-9-32 Civil cause of action for malicious intimidation or harassment--Damages.
20-9-33 Civil liability for counterfeit lien.
20-9-34 Civil liability for harassment by threat of fraudulent legal proceedings or liens.
20-9-35 Civil liability for impersonating a judicial official.
20-9-36 Definitions related to asbestos claims.
20-9-37 Asbestos claim defined.
20-9-38 Successor asbestos-related liabilities defined.
20-9-39 Limitation on cumulative successor asbestos-related liabilities.
20-9-40 Limitation where transferor assumed or incurred liabilities of prior transferor.
20-9-41 Total gross assets defined--Determination of fair market value.
20-9-42 Adjustment of fair market value of total gross assets.
20-9-43 Exclusions from limitation on cumulative successor asbestos-related liabilities.
20-9-44 Limitation of action for personal injury or death caused by negligence of directors and officers of nonprofit fire, ambulance, or search and rescue entity or its employees and volunteers.
20-9-45 Immunity from liability for nonprofit fire, ambulance, or search and rescue entity and its volunteer officers and directors.
20-9-46 Wrongful human trafficking.
20-9-47 Definitions pertaining to fishing tournaments.
20-9-48 Limited liability of fishing tournament sponsors.
20-9-49 Circumstances under which liability of fishing tournament sponsor and others not limited.
20-9-50 Fishing professionals and tournament sponsors liable for warranty and trespass.
20-9-51 Warning sign to be posted by fishing professionals and tournament sponsors--Warning notice in contracts.
20-9-52 Intentional exposure to HIV, syphilis, gonorrhea, chancroid, or other communicable disease.
20-9-53 Definitions.
20-9-54 Liability for riot and incitement to riot.
20-9-55 Jurisdiction--Evidence--Procedure.
20-9-56 Damages for riot or incitement to riot.
20-9-57 Riot boosting recovery fund established.
20-10-1
Liability for damage caused by deceit.
20-10-2
Acts constituting deceit.
20-10-3
Fraud against public or class as fraud against individual.
20-10A-1
Definition of terms.
20-10A-2
Cause of action for damages.
20-10A-3
Liability for damages.
20-10A-4
Limitation on actions for damages.
20-11-1
Obligation to refrain from defamation.
20-11-2
Classes of defamation.
20-11-3
Libel defined.
20-11-4
Slander defined.
20-11-5
Privileged communications--Malice not inferred from publication.
20-11-6
Radio and television stations not liable if due care exercised.
20-11-7
Retraction notice to newspaper--Punitive damages avoided by retraction--Candidates
for office.
20-11-8
Newspaper retraction as rebuttal of presumption of malice.
20-11A-1
Power to contract denied person without understanding--Liabilities for necessaries.
20-11A-2
Contract made before adjudication of incapacity subject to rescission.
20-11A-3
Disability after adjudication of incapacity--Testamentary power on actual restoration
to capacity.
20-11A-4
Liability for torts.
20-11A-5
Restriction on subjection to exemplary damages.
20-12-1 to 20-12-3. Repealed.
20-12-4
Authority of municipality and county to investigate discriminatory practices.
20-12-5
Commissions on human relations authorized--Purposes and powers.
20-12-6
Investigating powers of local commission--Affirmative action--Power
coextensive with powers of state commission.
20-12-6.1
Right to proceed in circuit court or before local commission--Notice as to right
of election.
20-12-7
Appeal from local commission.
20-12-8
Definition of terms.
20-12-9
Transfer of complaints to state commission.
CHAPTER 20-13
HUMAN RIGHTS
20-13-1 Definitions.
20-13-1.1 Probable cause defined.
20-13-2 State Commission of Human Rights--Appointment of members--Terms--Vacancies--Removal.
20-13-2.1 Direction and supervision of commission by Department of Labor and Regulation--Independent functions retained by commission.
20-13-3 Quorum of commission--Rules governing meetings.
20-13-4 Per diem and expenses of commission members.
20-13-5 Employment of personnel by division.
20-13-6 Legal assistance to commission.
20-13-7 Investigation and elimination of discrimination by education and conciliation.
20-13-8 Cooperation with other agencies.
20-13-9 Funds and grants accepted--Accounting.
20-13-10 Unfair or discriminatory practices.
20-13-10.1 Blind or partially blind person--Employment discrimination restricted--Civil penalty.
20-13-11 Employment agency's unfair or discriminatory practices.
20-13-12 Labor organization's unfair or discriminatory practices.
20-13-13 Employment advertising deemed unfair or discriminatory.
20-13-14 Requiring security clearance not unfair or discriminatory.
20-13-15 Use of ability test by employer not unfair or discriminatory.
20-13-16 Seniority and merit preferences permitted--Place of work differentials.
20-13-17 Sex differentiation permitted when based on seniority, job description, merit or executive training systems.
20-13-17.1 Gender preference for hires at single-sex facility not discriminatory.
20-13-18 Qualification based on religious purpose not unfair or discriminatory.
20-13-19 20-13-19. Repealed by SL 1973, ch 142, § 7
20-13-20 Unfair or discriminatory housing practices by owner or agent.
20-13-20.1 Discrimination based on familial status--"Family" defined--Application to housing accommodations.
20-13-20.2 Unfair or discriminatory housing practices based on familial status--Exemptions.
20-13-21 Unfair or discriminatory housing practice by financial institution or lender.
20-13-21.1 Housing--Modifications on behalf of disabled persons unnecessary--Disabled persons not relieved of obligations.
20-13-21.2 Design or construction of multifamily dwellings--Access to housing units and common areas by disabled persons and wheelchairs--Prior approval of plans not required.
20-13-22 Educational institutions' unfair or discriminatory practices--Exemptions.
20-13-22.1 Programs and activities exempt when conducted for educational, social, or recreational purposes.
20-13-22.2 Selection of students to participate in exempt programs permitted--Conduct of programs.
20-13-23 Public accommodations--Unfair or discriminatory practices.
20-13-23.1 Right of disabled persons to equal treatment in public accommodations.
20-13-23.2 Disability--Service Animal--Liability--Violation as misdemeanor.
20-13-23.3 20-13-23.3. Repealed by SL 1986, ch 170, § 19
20-13-23.4 Right to keep guide dog in rented or leased residence--Violation as misdemeanor.
20-13-23.5 20-13-23.5. Repealed by SL 1994, ch 160, § 2
20-13-23.6 20-13-23.6. Repealed by SL 1994, ch 160, § 5
20-13-23.7 Good faith efforts made to accommodate disabled persons.
20-13-23.8 20-13-23.8. Repealed by SL 1993, ch 169
20-13-23.9 20-13-23.9. Repealed by SL 1994, ch 160, § 3
20-13-23.10 20-13-23.10. Repealed by SL 1994, ch 160, § 6
20-13-24 Public services--Unfair or discriminatory practices.
20-13-25 Advertising public accommodations or services--Unfair or discriminatory practices.
20-13-26 Concealing, aiding, compelling, or inducing unlawful discrimination--Threats or reprisals.
20-13-27 Regulations for enforcement of chapter.
20-13-28 Complaints acted upon by division.
20-13-28.1 Dismissal of charge if investigation shows no probable cause.
20-13-29 Charge filed with division--Requirements--Contents--Public officials may file charge.
20-13-30 Charge by employer or organization against employees or members.
20-13-31 Time for filing charge.
20-13-32 Service of charge--Investigation--Conference or conciliation to eliminate practice.
20-13-32.1 20-13-32.1. Repealed by SL 2000, ch 94, § 1
20-13-32.2 Investigative materials confidential--Access to material by parties following determination.
20-13-33 20-13-33. Repealed by SL 1977, ch 184
20-13-34 Notice to respondent to answer charge--Time for answer.
20-13-35 Notice to answer charge after investigating official's report--Time for hearing--Hearing examiner--Right to transfer matter to circuit court.
20-13-35.1 Right to proceed by civil action in lieu of hearing--Forms of relief available.
20-13-36 Administration of oaths--Depositions.
20-13-37 Evidence rules inapplicable at hearings--Cross-examination--Burden of proof--Preservation of testimony.
20-13-38 Presentation of case--Investigating official's participation limited.
20-13-39 Respondent's answer and appearance at hearing--Charging party's intervention.
20-13-40 Amendment of charge or answer.
20-13-41 Proceedings on default by respondent.
20-13-42 Finding of discriminatory or unfair practice--Cease and desist order--Affirmative action required.
20-13-43 Finding of no discriminatory or unfair practice--Dismissal of charge.
20-13-44 Majority of commission required for final orders.
20-13-45 Procedural rules.
20-13-46 Rules governed by general law on administrative rules.
20-13-47 Judicial review of commission--court order for enforcement of order.
20-13-48 20-13-48 to 20-13-51. Repealed by SL 1989, ch 184, §§ 5 to 8
20-13-52 Commission's appearance by attorney--Supervision--Exception in action against governmental agency.
20-13-53 20-13-53. Repealed by SL 1982, ch 16, § 18
20-13-54 Broad construction of chapter.
20-13-55 Severability of provisions.
20-13-56 Citation of chapter.
20-13-57 Antisemitism--Consideration by Division--Definition--Applicability.
20-14-1 to 20-14-8. Repealed by SL 2009, ch 108, §§ 1 to 8.
