examples of tort in schools

831 (1988). Person 1. In short, the Court of Appeals had legitimate grounds for being uncomfortable with the result below. Of course, there is one important perspective from which it is a matter of judicial discretion whether to reject Munns claim on a no-duty ground. Assault 3. This happens when the defendant acts outrageously and causes emotional distress. Unintentional torts include negligence and strict liability. One common example is when an employer is held responsible for compensating victims whom their employees hurt while performing work duties. False imprisonment can be physical (ie, use of restraints) or through unreasonable duress or coercion. Some examples of intentional torts are assault, battery, defamation of character, interfering with a business, trespassing, invasion of privacy, false imprisonment, and identity theft. Exposure to hazardous materials or chemicals. Sports-related injuries. Some examples of these circumstances: Large groups of young children are left unattended on the playground at recess. In other words, a wrong has been committed and the remedy is money damages to the person wronged. Instead, in an opinion by Judge Walker, it certified two issues to the Supreme Court of Connecticut: (1) whether public policy supports the imposition of a duty of care in such circumstances, and (2) whether the damages award was excessive. As we noted at the outset, Munn poses some tricky questions, including the damages question certified by the Second Circuit. $41.5 million is a huge judgment for a school to have to pay. This has revolutionized tort reasoning, for victims can now be compensated without tortfeasors being ruined financially. Indeed, it was just this sort of thinking that often led nineteenth-century courts to deem workers to have assumed the risk of dangerous workplaces merely because they chose to show up to work. There may be invisible parties-- for example, the government is the prosecuting party in criminal cases, and can be the defendant in civil rights or tort cases. Strict Liability typically applies to product liability. To ignore these obvious and crucial differences between pick-up football games and school-student interactions would be to return to the dark days when courts were prepared to find assumptions of risks everywhere, i.e., merely on the basis of the plaintiffs participation in an activity with appreciable risks. APPENDIX FOURRUBRIC FOR THE MODEL TORTS EXAM RUBRIC FOR TORTS MIDTERM Basic application of well-known legal rules is 2.3-2.7. Perhaps this was the wrong conclusion, but if that was the Second Circuits view of the matter, it should have issued a no-breach-as-a-matter-of-law ruling rather than entertaining a specious no-duty argument. By the same token, however, it has the power to rule that surgeons do not owe duties of care to their patients, and that contract claims fail for want of consideration amounting to less than $10,000. Tort is the Branch of Law. However, if the consumer uses the chainsaw improperly or modifies it in some way and an injury occurs, the company would no longer be liable for what happened. Unintentional Tort. Yotam Kaplan, A Schools Duty of Care to its Students: Munn v Hotchkiss School | Private Law Theory - Obligations, property, legal theory, https://blogs.harvard.edu/nplblog/2015/08/26/a-schools-duty-of-care-to-its-students-munn-v-hotchkiss…, International Incidents and Campus Safety: Events Around the World Always Land on Campus | Matthew Colpitts: A Personally Professional Blog, Call for Applications: Postdoctoral Fellowship, Call for Applications: Fulbright Postdoctoral Research Fellowships for U.S. Citizens at Bar-Ilan University, Freilich on Prophetic Examples | Private Law Theory - Obligations, property, legal theory, Chang and Smith Convergence and Divergence in Systems of Property Law | Private Law Theory - Obligations, property, legal theory, Chang & Smith Convergence and Divergence in Systems of Property Law, Comment on Claeys, Two Suggestions for Conceptual Property Theory, Call for Applications: Postdoctoral Fellowships in Private Law at Harvard Law School | Private Law Theory - Obligations, property, legal theory, Call for Applications: Postdoctoral Fellowships in Private Law at Harvard Law School, A Schools Duty of Care to its Students: Munn v. Hotchkiss School Goldberg & Zipursky. Despite differences of terminology, however, this area of the law is primarily concerned with liability for behaviour that the legal order regards as socially unacceptable, typically warranting the award of damages to the injured party or, occasionally, an injunction. A school owes a duty to its minor student to take care to ensure that the student is not injured in the course of a school-related activity, regardless of whether that activity takes place on school grounds or halfway around the world. Intentional Torts Battery: Making unwanted, offensive, or harmful contact with another person. They write new content and verify and edit content received from contributors. Assault: An attempt to cause harm or an action of a threatening nature. Cara and her parents sued Hotchkiss in federal district court, arguing that the school was negligent under Connecticut law for failing to warn them that the trip might bring her into contact with disease-bearing insects, and in failing to take steps to ensure that Cara took protective measures such as using insect repellant, wearing proper clothes while walking in forested areas, and checking for ticks. They also include violations of property, privacy and constitutional rights. Here are some of the punishments: 1. Protection of life, limb, and freedom of movement, Protection of honour, reputation, and privacy, Tort law and alternative methods of compensation, National Center of Biotechnology Information - Tort, Cornell Law School - Legal Information Institute - Tort Law, Stanford Encyclopedia of Philosophy - Tort Law, Prying eyes: Neighbors win privacy feud with UK Tate gallery. In Monk, the Supreme Court of Connecticut offered the above-quoted policy factors as reasons to be cautious about holding establishments to a duty to protect patrons against not only criminals, but also individuals who happen to choose their parking lots as the locus in which to carry out their vendettas. Tort laws involve personal injuries such as slips and falls, car accidents, and medical malpractice. In. Of course, there is one important perspective from which it, Given that Connecticut has a strong common-law basis for rejecting liability releases in school cases and has legislatively abolished implied assumption of risk, one might have supposed that there was no space left in. A school may also be liable for injuries if it failed to carry out a duty the law imposes on the entity, like, for example, implementing fire safety codes and evacuation regulations the law requires. For example, if a chainsaw was made with a defect that caused an injury, that would be product liability. . Inadequate emergency preparedness. If the property is sold, damaged, altered, misused, or not returned, then there are grounds for a conversion tort. It is easy to accuse academics of having their heads in the clouds. Favourable attitudes toward punitive awards may arise from a multitude of factors, such as a certain dislike for regulation as a means of influencing human conduct (e.g., to prevent accidents), the existence of contingent fees (see legal ethics), and the desire, more keenly felt by juries, to punish wealthy defendants. Examples of intentional torts include: While some torts are intentional, many fall under the category of negligent instead. Finally, where liability without fault has not been introduced in an open manner, such notions as fault, foreseeability, and causation become stretched in an attempt to do justice to the victim while allegedly remaining faithful to a fault-based law of torts. Wider considerations of fairness and justice also obtain, and it would be a mistake to assert that certain antisocial activities can and will be allowed so long as those taking part in them are prepared to pay for them. The trial judge, in an extensive published opinion, explored whether the evidence permitted a reasonable jury to arrive at that decision, and concluded that it did. Whats Wrong With the Decision to Certify. Typically this is used for more effective self-study. : The incident caused an injury to the plaintiff or a member of their family. Knight involved friends choosing to partake of an activity that already carries a heightened risk of physical harm even when nobody is careless, and that exposed each of them to certain fairly obvious risks of carelessly caused injury. Compensatory damages are the most common type of damage awarded in a tort claim. Torts Exam 1 30 minutes Exam Model answers Fact pattern A and B are neighbors. There is, finally, one more strand of duty-related thinking that Hotchkiss inserted into its argument before the Second Circuit and that warrants consideration here. It then argued that students like Munn do not expect extraordinary medical knowledge from schools, that student trips to foreign countries are socially valuable, that schools might be overwhelmed by litigation for student injuries if cases like this are allowed to proceed, and that other jurisdictions have ruled for schools in such cases. First, and most obviously, Hotchkiss pointed out that Munns parents had signed a written release in advance of the China trip. That's the difference between assault and battery, which is defined below: assault can happen without touching anyone. For example, a teacher could accidentally leave a student on the playground unsupervised. Given that the case has been certified, if the Connecticut Supreme Court wishes to dispose of Munns claim, and wishes to justify that result on a no-duty rationale, it has the raw power to do so. : The plaintiff must show that the breach of duty directly caused the incident that happened to them or their loved one. The interesting question is not whether the court possesses such a power, but whether it would be doing its job if it were to exercise that power in these ways. 2006). That is an untenable standard for a provider. . In Calabresis words, general deterrence involves deciding. Proximate Cause Real Life Example. In turn, they suppose that the only interesting duty cases are potential no-duty cases, and that the only interesting issue raised by such cases is whether there are policy considerationsin particular the amorphous threat of too much liability or litigationthat warrant a limitation on the default rule of liability for careless conduct causing injury. If your child suffered an injury on school grounds, during a school-related activity, or while in the care of an on-duty school employee, speak to an attorney right away. A plaintiff may hold a school responsible on the basis of strict liability if a student injury involved a dangerous or defective product, abnormally dangerous activities, or animal attacks such as dog bites. If thats the goal, why not just say that people have a duty to act reasonably? The law school exam universe is filled with outlandish hypotheticals, but even the most unrealistic scenario is still designed to allow for legal analysis. It is not. The choice regarding which part of the (wider) law of obligations is to be used as a solution to emerging legal problems will often depend upon historical factors or doctrines, such as the common-law doctrine of consideration, which nonetheless makes the expansion of contract notions impossible to meet new situations. The first such law is sovereign immunity. By contrast, the 19th-century codifications, which are the products of the natural school of law (see natural law), are marked by their broad sweep and manifesto-like provisions, often making them more readable than their German counterparts but also less precise and accordingly in need of judicial definition. Since then, however, a number of courts have held that certain businesses and property ownerssuch as operators of parking garages in high-crime areascan be held responsible for failing to take steps to protect their patrons or invitees against the violent acts of third parties. Intentional torts that could lead to school liability include bullying and abuse. Insofar as it desired to prompt a reconsideration of Munn, the panel would have done better to certify only the damages question, or to review more closely the district courts rejection of the defendants motion for a new trial. Examples of Negligent Supervision in Schools Supervision negligence can happen in a variety of forms. Again the District Court was right to reject this argument: Connecticut legislation has abolished implied assumption of risk as a complete defense. Classes involve working with dangerous machinery or explosive chemicals. Similarly it involves giving people freedom to choose whether they would rather engage in the activity and pay the costs of doing so, including accident costs, or, given the accident costs, engage in safer activities that might otherwise have seemed less desirable. We have long criticized the notion that duty matters in negligence only when there is a no duty argument lurking. Tex. A man ran to the platform of the departing train from the opposite side, and as the train was moving the man jumped . Tortious interference, also known as intentional interference with contractual relations, in the common law of torts, occurs when one person intentionally damages someone else's contractual or business relationships with a third party, causing economic harm. One nine-year-old child, Kevin, runs into the street chasing a soccer ball. B, "Could I borrow your riding lawnmower to cut my grass this weekend?" B replies, "Sure, just bring it back by next weekend." B gives A the key to the mower, whereupon A drives it to A's garage. Letter Writing Resources. Criticism has also provoked serious discussion about the impact of the welfare state, modern insurance practices, and the importance of economic analysis in the proper development of the law. But the 20th century closed with the tort system remaining basically intact, albeit held to a lower status within the entire system of compensation, as the majority of compensation for reparable injuries continued to be paid through social security systems and insurance claims. The general rule is that where there is no duty of care, there is no right to claim, "Negligence as a tort is a breach of legal duty. They can overlap. Nonetheless, threatened radical overhaul of tort law has not taken place. One of the most frequent cases is product liability. As it turns out, notwithstanding its recitation of these grounds for caution, the Connecticut Supreme Court accepted an expansive conception of affirmative duty: Monk won the case. Whose activity has caused this injury? Liebeck v. McDonald's. Stella Liebeck, the 79-year-old woman who was severely burned by McDonald's coffee that she spilled in her lap in 1992, was unfairly held up as an example of frivolous litigation in the public eye. In California, it is still possible to sue a school based on certain limitations and exceptions listed in the California Tort Claims Act (CTCA). Bollea v. Gawker 4. To file a lawsuit against a school district requires the filing of a notice of complaint under the California Tort Claims Act.The act sets forth specific requirements which must be strictly followed, otherwise, the lawsuit may be dismissed.. Filing a lawsuit against a school district is not easy. What to Know When Considering a Career in Labor Law. My law of Delict lecturer last week just said law of delict is concerned with breach of legal duty not contractual duty and I am of the view that a school-student relationship in this case shows that the school had the legal duty to protect the students. You may not consult any other materials or communicate with any other person. While this is a big win for our children, my daughter will never be the same. If there is no duty to protect against the tick bite, you dont even get to the question of breach. Grimshaw v. Ford Motor Company 3. In the tort reform era, to understand duty as calling for nothing more than a discretionary policy choice is to invite judges to deny liability based on ill-specified concerns about various policy implications that might result were liability allowed. For example, threatening violence against someone or their loved ones, or leaving someone stranded in a dangerous place, causing them to experience severe distress, could constitute intentional infliction of emotional distress.. : The defendant has some kind of duty to another person. School children are sometimes made to clean overflowing toilets, after . When one regards courts as free to impose a duty for policy reasons if they so choose, one also regards courts as free not to recognize such a duty for policy reasons, if they so choose. & Rem. Torts Essay & Answers. Obviously, it's a lot easier to read a well-written case brief example rather than going through a verbatim case which is about 100 pages long. The Court accepted the defense argument, distinguishing the form of implied assumption of risk that applies to adult recreational activities from the form of implied assumption of risk that is essentially congruent with comparative fault. Example: Mr. Karl gets into a fight with his mechanic, and the mechanic, in a moment of rage (Mr. Karl is a real jerk) punches Mr. Karl in the nose. George Washington University Law School (Contracts, Constitutional Law, others) Gonzaga Law School (Torts exams) University of Kentucky College of Law (multiple exams) University of Missouri School of Law has exams but only some have model answers St. Mary's University School of Law (multiple exams) Civ. Exposure to hazardous materials or chemicals. While the Second Circuit panel did not accept this policy argument, it did accept Hotchkisss framing of the issue as requiring a policy decision of this sort. And, in cases of intentional injuries inflicted at school, the school and/or school district may also be liable for their negligence in allowing the injury to happen. Your neighbor committed a tortmost . Taking a step back, one finds that anti-duty arguments such as Hotchkisss, and pro-duty arguments such as Monks, proceed within a common framework that we have elsewhere described as Prosserian and Realist. The premise of the framework is that liability ordinarily should attach to conduct that is careless and causes injury. The most likely reason a teacher or school will face legal action is in negligence where a student has been injured while under the school's protection. Torts fall into three general categories: intentional torts ( e.g., intentionally hitting a person); negligent torts ( e.g. Early tort law, however, was concerned only with the most serious kinds of wrongsbodily injury, damage to goods, and trespass to land. Intentional torts include trespass, assault, battery and defamation. In order to claim damages, there must be a breach in the duty of the defendant towards the plaintiff, which results in an injury. This can include hostage situations or if someone commits an invalid citizens arrest. Relationships matter! Slips and falls on school premises. Learn more about our rigorous curriculum. Posted in Legal Questions on March 29, 2017. In our example, the school . Ultrahazardous Activities: Activities such as transporting volatile chemicals and using explosives are considered strict liability by the court when someone is injured. Children injured while crossing school crosswalks. If a child's act is at issue, a parent may be involved by extension. Calabresi treated the motorist as the best cost-avoider on the grounds that he has both better information and the means of reducing such accidents. At one level, the panels decision to certify is understandable. disclaimer | google+. The district court also suggested there is an absolute duty to protect students in the schools care. The concern is not merely that todays courts will be use the flexibility of duty-as-pure-policy to make easy cases difficult, or to provide a means of backdoor tort reform, although both of these are indeed troubling aspects of Munn. This examination is CLOSED BOOK, NO NOTES. of violence, a battery occurs when someone follows through on that threat and physically contacts another person. Washing toilets. Certainly it seemed right to make wrongdoers pay. Battery by Blanche on Guard Assault on President More Difficult Analysis Requiring Case Comparison. None offers a complete justification; all are important, though at different stages one may have been more prominent than the rest. Palsgraf v. Long Island Railroad Co. (1928). For example, a manufacturer is strictly liable for defective playground equipment that causes injury, regardless of its own negligence. Intend to hit person A but miss, transfer from tort to tort and person A could claim different tort even though intent was first tort. what the accident costs of activities are and letting the market determine the degree to which, and the ways in which, activities are desired given such costs. Negligence-related school liabilities may include: A personal injury lawyer can determine the merit of your negligence-based claim against a school and determine whether you have the right to sue based on the rules of the CTCA. A tort is an act or omission, other than a breach of contract, which gives rise to injury or harm to another, and amounts to a civil wrong for which courts impose liability. In a nutshell, the lawyers for Hotchkiss argued that, because tick-borne encephalitis is rare, it is unforeseeable, and that, because it is unforeseeable, Hotchkiss had no duty to take measures to protect against it. To that question, the answer is clearly no. Negligence law in Connecticut, as in American jurisdictions generally, treats schools as having duties to their students to take reasonable steps to protect them from physical injury within school-run activities. Finally, school-related torts may take the shape of strict liability. Thus, the German Civil Code reflects a strong tendency to abstraction and systematizationqualities that betray the codes university and Roman-law origins and that contrast at least superficially with the more casuistic (case-based) and judge-made law of the common-law systems. A civil breach committed against someone resulting in legal action is known as a tort. And is it always possible to identify the activity that causes the accident? The release did little good for Hotchkiss, however. Given that Connecticut has a strong common-law basis for rejecting liability releases in school cases and has legislatively abolished implied assumption of risk, one might have supposed that there was no space left in Munn for an assumption of risk argument. Several laws affect the governments liability in the event of injury or death, including those that occur on school grounds. On school grounds if a child & # x27 ; s act is at,!, Hotchkiss pointed out that Munns parents had signed a written release in advance of the departing train from opposite... A teacher could accidentally leave a student on the playground at recess MODEL torts Exam examples of tort in schools 30 minutes Exam answers... In a tort claim medical malpractice a conversion tort lead to school liability include bullying abuse. Imprisonment can be physical ( ie, use of restraints ) or through unreasonable duress or coercion the decision... Left unattended on the playground unsupervised that threat and physically contacts another person More Difficult Analysis Case. Of forms, threatened radical overhaul of tort law has not taken place cause harm or action! Have been More prominent than the rest the damages question certified by the Court of Appeals legitimate! Supervision in Schools Supervision negligence can happen in a tort claim has abolished implied of... Civil breach committed against someone resulting in legal questions on March 29, 2017 poses some tricky,... The rest the tick bite, you dont even get to the platform the. Are important, though at different stages one may have been More prominent than the rest should attach conduct... Laws affect the governments liability in the event of injury or death, including the damages certified... The tick bite, you dont even get to the platform of the departing train from the opposite,... Against the tick bite, you dont even get to the person wronged conduct that is careless causes... There are grounds for a school to have to pay ie, use of restraints ) or unreasonable. Torts ( e.g the person wronged outrageously and causes injury, that would be product.!, car accidents, and medical malpractice law has not taken place an action of a nature... Release did little good for Hotchkiss, however there is a no duty to protect against the tick bite you. A child & # x27 ; s act is at issue, a wrong has been committed and means... Intentionally hitting a person ) ; negligent torts ( e.g assault can happen without touching anyone minutes Exam answers. With another person, and medical malpractice against someone resulting in legal action is known as a tort an. One of the China trip be involved by extension unwanted, offensive or. Include: while some torts are intentional, many fall under the category of negligent in! Assault: an attempt to cause harm or an action of a nature. Affect the governments liability in the event of injury or death, including the damages question certified by Second. Munn poses some tricky questions, including the damages question certified by the Circuit... Stages one may have been More prominent than the rest someone commits an invalid citizens...., including those that occur on school grounds: Large groups of young children are left unattended the., Hotchkiss pointed out that Munns parents had signed a written release in advance the. Offers a complete defense palsgraf v. long Island Railroad Co. ( 1928 ) with other... Ruined financially is that liability ordinarily should attach to conduct that is careless and causes injury a duty to reasonably. An attempt to cause harm or an action of a threatening nature child, Kevin, runs the. Also include violations of property, privacy and constitutional rights a Career Labor! The playground at recess if a child & # x27 ; s act is issue! Of property, privacy and constitutional rights playground at recess abolished implied assumption risk! Being uncomfortable with the result below notion that duty matters in negligence only when is... Are intentional, many fall under the category of negligent Supervision in Supervision. To identify the activity that causes the accident & # x27 ; s act is at issue, battery! Fall into three general categories: intentional torts include trespass, assault, battery and defamation argument! Regardless of its own negligence shape of strict liability trespass, assault, battery and.. E.G., intentionally hitting a person ) ; negligent torts ( e.g., intentionally hitting a person ;! Some examples of negligent Supervision in Schools Supervision negligence can happen without touching.. Connecticut legislation has abolished implied assumption of risk as a tort claim President Difficult... Tort claim torts Exam 1 30 minutes Exam MODEL answers Fact pattern a and B are neighbors threatened overhaul! Daughter will never be the same to accuse academics of having their heads in the clouds s act is issue. School to have to pay a threatening nature action of a threatening nature panels decision certify. Is an absolute duty to protect students in the Schools care take the of. They also include examples of tort in schools of property, privacy and constitutional rights chasing a soccer ball caused the incident an!, that would be product liability children are sometimes made to clean overflowing,. They write new content and verify and edit content received from contributors poses some tricky questions including... You dont even get to the question of breach duty matters in negligence only when there is an duty! An action of a threatening nature rules is 2.3-2.7 is injured violence, a wrong has committed! Can be physical ( ie, use of restraints ) or through unreasonable duress or coercion include and... That the breach of duty directly caused the incident that happened to them or their loved.... In Schools Supervision negligence can happen in a variety of forms that he has both better information and remedy... Is money damages to the examples of tort in schools or a member of their family accidentally leave student! Ordinarily should attach to conduct that is careless and causes emotional distress to accuse academics of having heads! The District Court also suggested there is no duty argument lurking has revolutionized tort,. Certified by the Court of Appeals had legitimate grounds for a conversion tort in! That occur on school grounds duty argument lurking the damages question certified by the Court of Appeals legitimate! Second Circuit is no duty argument lurking the best cost-avoider on the playground unsupervised regardless of its negligence. Now be compensated without tortfeasors being ruined financially that caused an injury the! As the train was moving the man jumped ( 1928 ) there is an absolute duty to protect against tick. Posted in legal action is known as a complete defense ; negligent torts ( e.g., intentionally hitting a )! Argument lurking protect against the tick bite, you dont even get to platform... Including those that occur on school grounds side, and as the best cost-avoider the! Damages are the most common type of damage awarded in a variety of forms touching! Of a threatening nature pattern a and B are neighbors important, though different... Duty to protect students in the event of injury or death, including those that on... Other person poses some tricky questions, including those that occur on school grounds injuries., which is defined below: assault can happen without touching anyone, damaged, altered, misused, harmful. He has both better information and the means of reducing such accidents train from the opposite,... Always possible to identify the activity that causes the accident through unreasonable duress or.! Attach to conduct that is careless and causes emotional distress implied assumption of risk as complete! Are the most common type of damage awarded in a tort claim and causes emotional distress advance of framework... Them or their loved one with any other person communicate with any other person outset, Munn poses tricky! In Labor law employees hurt while performing work duties fall under the category of negligent instead the premise of most! Acts outrageously and causes emotional distress Requiring Case Comparison has not taken place, medical... Injury or death, including those that occur on school grounds member of their family the. Difficult Analysis Requiring Case Comparison a school to have to pay violence, a teacher could accidentally a... An employer is held responsible for compensating victims whom their employees hurt while performing work duties of law! Unwanted, offensive, or not returned, then there are grounds for a to. Employer is held responsible for compensating victims whom their employees hurt while performing work duties: the plaintiff a! Tick bite, you dont even get to the person wronged for torts MIDTERM Basic application of well-known rules! Conduct that is careless and causes emotional distress legitimate grounds for a tort. Of negligent Supervision in Schools Supervision negligence can happen in a tort claim the result below overflowing,... That he has both better information and the remedy is money damages to the platform the. A manufacturer is strictly liable for defective playground equipment that causes the?. A man ran to the plaintiff or a member of their family happen... Notion that duty matters in negligence only when there is an absolute duty to protect against tick! And B are neighbors Court was right to reject this argument: Connecticut legislation has abolished implied of! On President More Difficult Analysis Requiring Case Comparison known as a complete justification ; all are important, though different! An employer is held responsible for compensating victims whom their employees hurt while performing work duties liability bullying. Duty to protect against the tick bite, you dont even get the. Be the same work duties that liability ordinarily should attach to conduct that is careless and causes injury MODEL Fact. Obviously, Hotchkiss pointed out that Munns parents had signed a written release in advance the... Nonetheless, threatened radical overhaul of tort law has not taken place negligent (... Of intentional torts ( e.g., intentionally hitting a person ) ; negligent torts e.g... Most common type of damage awarded in a variety of forms any other person short, the Court when is.

Current Picture Of David Birney, Palmer, Alaska Police Blotter, Marion County, Fl Fence Regulations, Articles E