The
key words that you should know are highlighted in red. You might want to use some other references
to get a better understanding of these terms.
TORT LIABILITY – The responsibility placed by the law upon one who
commits a wrong against another person.
It can be an act of commission or omission, either intentional or
unintentional.
Three
categories of tortuous acts:
Malfeasance – performance of an illegal act.
Ex. physically abusing a student.
Misfeasance – improper performance of a legal act. Ex. making students do exercises that are not suitable to their
age, sex, or physical capabilities.
Nonfeasance – failure to perform a legal act that one ought to do. Ex. failing to instruct students about the
safe use of machinery and chemicals.
NEGLIGENCE
– failure to conduct oneself in conformity with standards established by law
for the protection of others against unreasonable risk of injury.
Simple stated it means that a teacher or school
official has failed to act as a reasonably prudent person would in the
same situation.
Reasonably prudent person – an ideal or model of
community conduct that is usually determined by a jury. If a court decides that a reasonable man or
woman would have foreseen the danger of a situation and the teacher did not,
then the teacher is usually held responsible for damages.
Injury is usually foreseeable:
1.
large crowds of students are gathered without supervision
2.
specialized activities in P.E., V.E. and science
3.
where a teacher is absent from the room for an unreasonable amount of
time.
Comments: Webmaster - EOE - Privacy Policy - March 24, 2009