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ERIC Number: ED145557
Record Type: RIE
Publication Date: 1977
Pages: 24
Abstractor: N/A
Reference Count: N/A
Tort Liability.
Delon, Floyd G.
Although the definition has its limitations, a tort is generally defined as a civil wrong, excluding breach of contract, that results in injury to another. Torts include both intentional and unintentional acts, and the resulting injuries may range from actual physical harm to damage to the individual's tangible or intangible property. If it is proved that a tort was committed, the court normally awards the injured party compensation from those responsible for causing the injury. Each year negligence is the tort most frequently alleged to have been committed by school personnel. For there to be cause for action, the injured party must show that the defendant owed a duty (due care) to protect the complaintant from injury, that the defendent failed to exercise that duty, that this failure was the direct (proximate) cause of the injury, and that actual loss or damage resulted. The discussion of negligence is organized by the location of the incident--gym classes, shop classes, playgrounds, school buildings, athletic events, school outings, and while a student is enroute to and from school. Also discussed in this chapter are malpractice, defenses against negligence charges, insurance, and related topics. (Author/IRT)
Not available separately--see EA 010 020
Publication Type: Legal/Legislative/Regulatory Materials
Education Level: N/A
Audience: N/A
Language: N/A
Sponsor: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Note: Chapter 4 of The Yearbook of School Law--1977 (EA 010 020); For related documents, see EA 010 020-027