ERIC Number: ED172337
Record Type: RIE
Publication Date: 1978
Reference Count: N/A
The Principal and Tort Liability.
Stern, Ralph D.
The emphasis of this chapter is on the tort liability of principals, especially their commission of unintentional torts or torts resulting from negligent conduct. A tort is defined as a wrongful act, not including a breach of contract or trust, which results in injury to another's person, property, or reputation and for which the injured party is entitled to compensation. The paper states that recent trends are redefining and often abolishing the historical concept of a school district's sovereign immunity. Several court cases are reviewed, which raise the question of whether a principal acted in negligence or in good faith in performance of duties. Brief discussions follow concerning the liability connected with school safety patrols and liability involving defamation of character, whether in the form of libel or slander. Completing the chapter is a discussion of liability for deprivation of a student's constitutional rights. The paper concludes that the Anglo-American legal system functions fairly, and the principal who does his or her job conscientiously usually fares very well. (Author/LD)
Descriptors: Court Litigation, Elementary Secondary Education, Injuries, Legal Responsibility, Principals, Student Rights, Students, Torts
Not available separately; See EA 011 685
Publication Type: Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Note: Chapter 10 of "The School Principal and the Law" (EA 011 685); For related documents, see EA 011 685-697