- Preliminary Provisions
1. This document shall be known as the Civil Code.
2. This code takes effect on the date of its adoption and is not retroactive unless expressly declared.
3. No action or proceeding commenced before this code takes effect, and no right accrued, is affected by its provisions.
4. Whenever this code mentions something defined or described in another part of this code or any other law, it shall be understood to refer to and reference that law, unless expressly defined or described otherwise.
DIVISION 1. PERSONS AND PROPERTYChapter 1. Personal Rights
10. Every person has, subject to the qualifications and restrictions provided by law, the right of protection from bodily restraint or harm, from personal insult, from defamation, and from injury to his personal relations.
11. All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.
12. A person is liable in a cause of action for sexual harassment when the plaintiff proves there is a business, service, or professional relationship between the plaintiff and defendant, the defendant has made sexual advances, solicitations, sexual requests, demands for sexual compliance by the plaintiff, or engaged in other verbal, visual, or physical conduct of a sexual nature or of a hostile nature based on gender, that were unwelcome and pervasive or severe, there is an inability by the plaintiff to easily terminate the relationship, and the plaintiff has suffered or will suffer economic loss or disadvantage or personal injury, including, but not limited to, emotional distress or the violation of a statutory or constitutional right.
13. If a person or persons, whether or not acting under color of law, interferes by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state, the Attorney General, or any district attorney or city attorney may bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of San Andreas, in order to protect the peaceable exercise or enjoyment of the right or rights secured. An action brought by the Attorney General, any district attorney, or any city attorney may also seek a civil penalty of twenty-five thousand dollars ($25,000). If this civil penalty is requested, it shall be assessed individually against each person who is determined to have violated this section and the penalty shall be awarded to each individual whose rights under this section are determined to have been violated.
14. No governmental authority, or agent of a governmental authority, or person acting on behalf of a governmental authority, shall engage in a pattern or practice of conduct by law enforcement officers that deprives any person of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States or by the Constitution or laws of San Andreas.
Chapter 2. Defamation
15. Defamation is effected by either libel or slander.
16. Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation.
17. Slander is a false and unprivileged publication, orally uttered, and also communications by radio or any mechanical or other means which:
- (1) Charges any person with crime, or with having been indicted, convicted, or punished for crime;
(2) Imputes in him the present existence of an infectious, contagious, or loathsome disease;
(3) Tends directly to injure him in respect to his office, profession, trade or business;
(4) Imputes to him impotence or a want of chastity; or,
(5) Which, by natural consequence, causes actual damage.
Chapter 3. Property
19. Property is either real or immovable, or personal or movable.
20. Real or immovable property consists of:
- (1) Land;
(2) That which is affixed to land;
(3) That which is incidental or appurtenant to land;
(4) That which is immovable by law; except that for the purposes of sale, emblements, industrial growing crops and things attached to or forming part of the land, which are agreed to be severed before sale or under the contract of sale, shall be treated as goods and be governed by the provisions of the title of this code regulating the sales of goods.
DIVISION 2. OBLIGATIONSChapter 1. Contracts
40. A contract is an agreement to do or not to do a certain thing. It is essential to the existence of a contract that there should be:
- (1) Parties capable of contracting;
(2) Their consent;
(3) A lawful object; and,
(4) A sufficient cause or consideration.
43. All contracts may be oral, except the following contracts are invalid, unless they, or some note or memorandum thereof, are in writing and subscribed by the party to be charged or by the party's agent:
- (1) An agreement that by its terms is not to be performed within four months from the making thereof;
(2) A special promise to answer for the debt, default, or miscarriage of another;
(3) An agreement for the leasing for a longer period than four months, or for the sale of real property, or of an interest therein;
(4) An agreement authorizing or employing an agent, broker, or any other person to purchase or sell real estate;
(5) An agreement that by its terms is not to be performed during the lifetime of the promisor;
(6) An agreement by a purchaser of real property to pay an indebtedness secured by a mortgage upon the property purchased, unless assumption of the indebtedness by the purchaser is specifically provided for in the conveyance of the property; and,
(7) A contract, promise, undertaking, or commitment to loan money or to grant or extend credit, in an amount greater than one hundred thousand dollars ($100,000), not primarily for personal, family, or household purposes, made by a person engaged in the business of lending or arranging for the lending of money or extending credit.
Chapter 2. Obligations Imposed by Law
45. Every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his or her rights.
46. Every person is bound, without contract, to obey the Constitution and the laws of the United States, and the Constitution and the laws of San Andreas.
DIVISION 3. GENERAL PROVISIONSChapter 1. Relief
60. Every person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation therefor in money, which is called damages. Damages may be awarded, in a judicial proceeding, for detriment resulting after the commencement thereof, or certain to result in the future.
61. In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the compensatory damages for actual losses, may recover damages for the sake of example and by way of punishing the defendant.
62. Punitive damages must be relatively proportionate to the compensatory damages award. Punitive damages shall generally not exceed four times the amount of compensatory damages.
63. Specific relief is given:
- (1) By taking possession of a thing, and delivering it to a claimant;
(2) By compelling a party himself to do that which ought to be done; or,
(3) By declaring and determining the rights of parties, otherwise than by an award of damages.
Chapter 2. Nuisance
65. Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance.
66. A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. All other types of nuisance are private.
67. A private person may maintain an action for a nuisance if it is specially injurious to himself.
68. Whenever there is reasonable cause to believe that a nuisance is kept, maintained or is in existence in any county, the district attorney or the Attorney General, in the name of the people of the State of San Andreas, shall, on a proper showing, commence an action to abate and prevent the nuisance and to perpetually enjoin the person conducting or maintaining it, and the owner, lessee or agent of the building, or place, in or upon which the nuisance exists, from maintaining or permitting it.