FBM Chapter 10 - Agriculture Law

A legally enforceable agreement between two or more parties.

When the terms of a contract are explicitly stated, either orally or in writing.

When the actions or conduct of the parties imply an agreement, even without explicitly stated terms.

A failure to fulfill the obligations outlined in a contract.

The injured party can seek compensation for losses caused by the breach.

The court forces a party to fulfill their contractual obligations.

Pre-agreed amount of compensation to be paid in case of breach.

The injured party can cancel the contract.

A person who is on your property for their own benefit or pleasure, and is tolerated rather than invited.

You must warn licensees of any hidden dangers you know about, but you don't have to inspect or make the land safe for them.

Someone who comes to your property for business purposes, such as delivering supplies or making sales.

You are liable for an invitee's injuries unless you had warned them about a known hazard.

A social guest, even if invited, is not considered an invitee, because they are not there for business reasons.

An individual may become a licensee while on your property if they deviate from the purpose of their invitation.

You may not be liable for an injury caused by a hidden danger if you can prove the person knew about it.

A reasonable inspection is required to identify potential dangers to invitees.

A type of lease agreement where the lessee (tenant) makes annual payments for the use of the machine, but doesn't own it at the end of the lease term. The lessee has the option to buy the machine after the lease period.

A lease arrangement where the lessee (tenant) has the option to return the machine after a predetermined period, typically at least one harvest season. This lease gives the lessee flexibility and avoids long-term commitment.

A type of lease where the lessee (tenant) rents the machine for a longer period, often exceeding one year. The lessee typically does not have the option to buy the machine and may be responsible for repairs only in cases of negligence.

An agreement where two parties share the profits generated from a farm business, typically based on a predetermined percentage. The parties may contribute land, labor, capital, and/or equipment.

A lease where the tenant provides all the labor and makes day-to-day decisions, while the landlord (typically a parent) provides capital, long-term management, land, livestock, and equipment. Profits are shared based on an agreed upon percentage.

A type of lease where the tenant pays a fixed amount of cash to the landlord for the use of land. The tenant is responsible for all farming operations and bears the risk of losses.

A lease where the tenant and landlord share the profits or losses from the production of crops on the farm. The share may be based on a percentage or equal split.

A lease where the tenant and landlord share the profits or losses from the raising and selling of livestock. The share may be based on a percentage or equal split.

An owner may be held liable for injuries caused by their animals if they were negligent in allowing the animal to cause the injury.

An owner may be held liable for injuries caused by their animals if they knew the animal was vicious and the animal injured someone who wasn't acting negligently.

If a stray animal wanders onto your property, you can confine and care for it until the owner is found.

You must make a reasonable effort to find the owner of a stray animal.

You are allowed to make reasonable use of a stray animal while in your care.

The owner of a stray animal must reimburse you for the cost of caring for it.

If a stray animal's owner cannot be found, the animal may become the property of the person who found it.

If a stray animal's owner cannot be found, the animal may be sold at a public auction.

Using water for household purposes, watering livestock, and irrigating up to two acres of land for gardens, orchards, or lawns.

The right to use a stream for irrigation can be lost if the irrigation channels are abandoned.

A plan that addresses financial security during retirement, treatment of heirs, and business continuation.

The objectives for developing a plan include keeping a farm in the family, treating all children equally, reducing taxes, and informing heirs to plan accordingly.

The portion of the estate required by the survivor to provide sufficient income.

The legal process that outlines how assets are distributed after death.

The right granted to use water for irrigation but not to fully own the water.

Many states require permits for pumping water from the ground or streams.

A legal document that outlines how a person's assets will be distributed after their death. It allows for personalized distribution plans, guardianship arrangements, and the establishment of trust funds.

The legal process for distributing assets of a deceased person without a will. Laws governing this process vary by state.

A legal document that gives away property during the owner's lifetime. It can involve land, personal property, or both.

A legal document that gives away personal property during the owner's lifetime, typically through physical transfer of the property.

A legal document that gives away personal property during the owner's lifetime, typically through physical transfer of the property.

A legal arrangement where multiple individuals share ownership of a property. Several types exist, each with unique rules about ownership and inheritance.

A legal arrangement where multiple individuals share ownership of a property. Several types exist, each with unique rules about ownership and inheritance.

A legal document that specifies the terms of a trust fund. It outlines how the money or property will be managed and distributed to beneficiaries.