Title 27, Title 27

A person having a mere lien on personal property cannot recover greater damages for the property's conversion, from a person having a right to the property superior to the person holding the lien after the lien is discharged, than the amount secured by the lien and the compensati…

The damages for seduction rest in the sound discretion of the jury.

In every action under 27-1-513, such damages may be given as under all the circumstances of the case may be just.

Specific or preventive relief may be given in the cases specified in this part and Title 28, chapter 2, parts 16 and 17, and in no others. Neither specific nor preventive relief can be granted to enforce a penal law, except in a case of nuisance, or to enforce the penalty or forf…

Specific relief is given by: (1) taking possession of a thing and delivering it to a claimant; (2) compelling the party to do that which ought to be done; or (3) declaring and determining the rights of parties otherwise than by an award of damages.

Preventive relief is given by prohibiting a party from doing that which ought not to be done. Preventive relief is granted by injunction, provisional or final.

Except as otherwise provided in this part and Title 28, chapter 2, parts 16 and 17, the specific performance of an obligation may be compelled when: (1) the act to be done is in the performance, wholly or partly, of an express trust; (2) the act to be done is such that pecuniary …

The following obligations cannot be specifically enforced: (1) an obligation to render personal service or to employ another therein; (2) an agreement to marry or live with another; (3) an agreement to perform an act which the party has not power to perform lawfully when required…

Specific performance cannot be compelled when it would operate more harshly upon the party required to perform than its refusal would operate upon the party seeking it.

(1) When either of the parties to an obligation is entitled to a specific performance thereof according to the provisions of 27-1-411, the other party is also entitled to it, though not within those provisions. (2) Neither party to any obligation can be compelled specifically to …

Specific performance cannot be enforced against a party to a contract in any of the following cases: (1) if the party has not received an adequate consideration for the contract; (2) if it is not, as to the party, just and reasonable; (3) if the party's assent was obtained by the…

Specific performance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on that party's part to the obligation of the other party except when the nonperforming party's failure to perform is only partial and either entirely i…

A party who has signed a written contract may be compelled specifically to perform the contract, even though the other party has not signed the contract, if the latter has performed or offers to perform the contract and the case is otherwise proper for enforcing specific performa…

A contract otherwise proper to be specifically enforced may be thus enforced though a penalty is imposed or the damages are liquidated for its breach and the party in default is willing to pay the same.

It is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation and that the breach of an agreement to transfer personal property can be thus relieved.

An agreement for the sale of property cannot be specifically enforced in favor of a seller who cannot give to the buyer a title free from reasonable doubt.

Whenever an obligation in respect to real property would be specifically enforced against a particular person, the obligation may be in the same manner enforced against any other person claiming under the particular person by a title created subsequently to the obligation except …

A person entitled to specific real property, by reason either of a perfected title or of a claim to title which ought to be perfected, may recover the same in the manner prescribed by this code, either by a judgment for its possession to be executed by the sheriff or by a judgmen…

A person entitled to the immediate possession of specific personal property may recover the property in the manner provided by this code. A person having the possession or control of a particular article of personal property of which the person is not the owner may be compelled s…

(1) A written instrument in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it is void or voidable may, upon that person's application, be adjudged and ordered to be delivered up or canceled. (2) An…

(1) When an animal is seized from a person by a law enforcement officer upon an alleged violation of 45-8-210, 45-8-211, or 45-8-217, the prosecutor may file a petition for a cost of care hearing in district court in the county where the seizure was made. (2) The petition must co…

(1) An action, cause of action, or defense does not abate because of the death or disability of a party or the transfer of any interest in the action or defense, but whenever the cause of action or defense arose in favor of the party prior to the party's death or disability or tr…

When cross-demands have existed between persons under such circumstances that if one had brought an action against the other a counterclaim could have been set up, the two demands shall be deemed compensated so far as they equal each other and neither can be deprived of the benef…

In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any setoff or other defense existing at the time of or before notice of the assignment, but this section shall apply only to the extent not otherwise provided for in the Uniform …

A minor may enforce the minor's rights by civil action or other legal proceedings in the same manner as a person of full age except that a guardian shall conduct the the action or proceedings.

Either parent may maintain an action for the injury to a minor child and a guardian for injury to a ward when the injury is caused by the wrongful act or neglect of another. The action may be maintained against the person causing the injury or, if the person is employed by anothe…

When injuries to and the death of one person are caused by the wrongful act or neglect of another, the personal representative of the decedent's estate may maintain an action for damages against the person causing the death or, if the person is employed by another person who is r…

(1) The rights of personal relations forbid the seduction of a spouse, child, orphan, or servant. (2) Either parent may prosecute as plaintiff for the seduction of the child and the guardian for the seduction of the ward, though the child or ward is not living with or in the serv…

The rights of personal relations forbid: (1) the abduction of a parent from a child; (2) the abduction or enticement of a wife from the wife's husband or a husband from the husband's wife, of a child from a parent or from a guardian entitled to the child's custody, or of a servan…

The rights of personal relations forbid any injury to a servant which affects the servant's ability to serve the master.

A person who loses a competitive bid on a construction contract may maintain an action for damages against a successful bidder if the successful bidder does not pay standard prevailing wages on a contract where payment of the standard prevailing wage rate is required by Title 18,…

(1) A minor who attends a performance in violation of 45-8-118 or 20-7-135 may bring an action against a person who knowingly promotes, conducts, or participates as a performer in the performance. The minor's parent or legal guardian may bring an action in the name of the minor f…

A person who is convicted of a crime and is injured or suffers other damages during the commission of the crime does not have a right of action to recover damages if a victim causing the injury or damages did not use any force or used justifiable force, as defined in Title 45, ch…

All civil causes of action for alienation of affections of husband or wife are hereby abolished.

All causes of action for breach of contract to marry are hereby abolished. However, where a plaintiff has suffered actual damage due to fraud or deceit or a defendant has been unjustly enriched, the plaintiff may maintain an action for fraud or deceit or unjust enrichment and rec…

No act done within this state after July 1, 1963, shall operate to give rise, either within or without this state, to any of the causes of action abolished by this part. No contract to marry which shall be made within this state after July 1, 1963, shall operate to give rise, eit…

Effective July 1, 1963, it shall be unlawful for any person, either as litigant or attorney, to file, cause to be filed, threaten to file, or threaten to cause to be filed in any court in this state any pleading or paper setting forth or seeking to recover upon any cause of actio…

(1) All contracts and instruments of every kind which, after July 1, 1963, may be executed within this state in payment, satisfaction, settlement, or compromise of any claim or cause of action abolished or barred by this part, whether such claim or cause of action arose within or…

Any person who violates any of the provisions of this part is punishable upon conviction therefor by a fine of not less than $100 or more than $1,000 or imprisonment for a term of not less than 1 year or more than 5 years, in the discretion of the court.

Except as otherwise provided by law, each person is responsible not only for the results of the person's willful acts but also for an injury occasioned to another by the person's want of ordinary care or skill in the management of the person's property or person except so far as …

(Temporary) Comparative negligence -- extent to which contributory negligence bars recovery in action for damages. Contributory negligence does not bar recovery in an action by a person or the person's legal representative to recover damages for negligence resulting in death or i…

(Temporary) Multiple defendants -- determination of liability. (1) Except as provided in subsections (2) and (3), if the negligence of a party to an action is an issue, each party against whom recovery may be allowed is jointly and severally liable for the amount that may be awar…

A release or covenant not to sue given to one of two or more persons liable in tort for the same injury, death, damage, or loss: (1) does not discharge any other tortfeasor from liability for that tortfeasor's several pro rata share of liability for the injury, death, damage, or …

(Effective on occurrence of contingency) Several liability -- purpose -- pleading -- determination -- nonparties. (1) The purpose of 27-1-703 and this section is to substitute several liability for the former law providing for joint and several liability, except for certain actio…

(Effective on occurrence of contingency) Effect of a release or covenant not to sue. A release or covenant not to sue given to one of two or more persons potentially liable in tort for the same injury, death, damage, or loss: (1) does not discharge any of the other persons from l…

(1) Except as provided in subsection (2): (a) a landowner owes a trespasser no duty of care with respect to the condition of the property; (b) a trespasser enters or remains on the trespassed property without any assurance that the property is safe for any purpose. (2) (a) A land…