ERIC Number: ED198631
Record Type: RIE
Publication Date: 1980
Reference Count: N/A
Hollander, Patricia A.
Tort liability covers most injurious, civil, wrongful acts that occur between individuals. For tort liability to exist, four elements must be present: a duty to use due care, a breach of that duty, a direct causal relationship between the conduct complained of and the injury suffered, and proof of actual injury. Recent court cases involving tort liability and concerning institutions of higher education are discussed in this chapter. Issues particularly addressed include negligence, reckless and emotionally distressing conduct, fraudulent misrepresentation, wrongful interference with advantageous economic relations, defamation, invasion of privacy, statutes concerning workmen's compensation and occupational diseases, no-fault automobile insurance, statutes of limitation, governmental immunity, procedural decisions, and liability under federal laws specifying that persons cannot be deprived of life, liberty, or property under cover of state law without due process. (Author/PGD)
Descriptors: Civil Rights, Court Litigation, Due Process, Legal Responsibility, Postsecondary Education, Torts
Not available separately; see EA 013 209.
Publication Type: Legal/Legislative/Regulatory Materials; Information Analyses; Opinion Papers
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers: Defamation; Governmental Immunity; Negligence
Note: Chapter 3 of "The Yearbook of Higher Education Law 1980" (EA 013 209). For related documents, see EA 013 209-215.