ERIC Number: ED172316
Record Type: RIE
Publication Date: 1978
Reference Count: N/A
McCarthy, Martha M.
A tort is defined as a civil wrong, independent of breach of contract, that results in injury to another person who is entitled to collect damages. The array of cases handed down in 1977 indicates that the tort domain of education law remains heavily litigated. This chapter shows that student injury cases continue to dominate, although constitutional tort cases are rapidly increasing in number. The discussion of negligence in this chapter is organized by the location of incident--gym, shop, art, and science classes; school cafeterias, grounds, buildings, and buses; and while a student is enroute to and from school. Also discussed in this chapter are nonstudent injuries, educational malpractice, negligence, defenses, liability insurance, nuisance, defamation, assault and battery, and constitutional torts. (Author/LD)
Descriptors: Accidents, Civil Liberties, Court Litigation, Elementary Secondary Education, Injuries, Legal Responsibility, Students, Teachers, Torts
Not available separately; See EA 011 270
Publication Type: Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Note: Chapter 5 of "The Yearbook of School Law 1978" (EA 011 270); For related documents, see EA 011 270-277