scroll to top
Stuck on your essay?
Get ideas from this essay and see how your work stacks up
Word Count: 1,525
Tort Liability and Contract Liability A tort is a legal term for a wrong The tort law is composed of state statutes and court decisions that gives one the right to sue someone who causes harm to them whether its a drunk driver a corporation that manufactures a defective product a credit card company that overcharges you or a government bureaucrat that breaks the law or a school official such as a teacher or principal The law of the state in which the school is located determines a schools legal responsibility for supervision during instructional time and school-sponsored activities In most instances the way its state courts have interpreted the law developed through cases tried in its courts rather than law passed by its legislature This means there is no one uniform standard of legal liability that applies to all US educational entities Additionally there currently is no specific federal law in this area with which a school must comply However there are some general principles that most state courts follow that provide some guidance to help determine if a school is providing adequate supervision in the eyes of the law Because these principles may vary from state to state a schools legal counsel is the best guide as to whether a schools particular supervisionemergency care plan will be deemed adequate if challenged in a states courts The law apportions torts into three classes negligence strict liability where ones duty is defined in statute and intentional torts Most of what follows deals with the theory of liability that arises in a school context under the tort of negligence The most common legal claim that is made against a school is that the school was negligent in the provision of that care In most states to prove a school was negligent the person making the claim must establish in court that 1There was a duty of care or obligation recognized by law that required the school
@Kibin is a lifesaver for my essay right now!!
- Sandra Slivka, student @ UC Berkeley
Wow, this is the best essay help I've ever received!
- Camvu Pham, student @ U of M
If I'd known about @Kibin in college, I would have gotten much more sleep
- Jen Soust, alumni @ UCLA