THE CONCEPT OF TORT LIABILITY IN EDUCATION: WHAT THE TEACHER SHOULD KNOW

Maureen Koko, Chika Victory Nkemjika

Abstract


The study discussed the concept of tort liability as regards to education with a definite focus on its implication for teachers. Torts was simply described as civil wrong which could range from negligence, intentional and strict tort. Tortious liability arises out of breach of duty primarily fixed by the law. This duty is towards persons generally and its breach is redressable by an action for unliquidated damages. School tort liabilities may arise from the following incidents school bus accidents, children injured while crossing school crosswalks, food poisoning from school meals, exposure to hazardous material or chemicals, failure to evacuate children properly, slip and falls on school premises. The study recommended that the teacher should be aware of duties of supervision, duties of instruction, duties to protect and awareness of the health condition of students in the class.

 

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tort, liability, education, teacher

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References


Clarke, P. (2018). What is tort liability. Retrieved from https://www.legalmatch.com/law-library/article/tort-law-liability.html on 2 Jan 2021

Congressional Research Service, (2019). Introduction to Tort Law. In focus Aug, 13 2019

Cooke, F. H. (1898). A Proposed New Definition of a Tort. Harvard Law Review, Dec. 25, 1898, 12 (5) 335-341

Emeka, C. (2007). School Law for Proprietors, Teachers and parents. Lagos: New System Press limited.

Dragan, E. F. (N.D). Understanding Liability in School Cases. Retrieved from http://www.experts.com/content/articles/edward_dragan_1_understanding_liability_school_cases.pdf on 4th Jan 2021

Jadhav, V. V. (2018). The Law of Torts: Fault Liability and No Fault Liability (Strict Liability). Study material Unipune. Retrieved from http://studymaterial.unipune.ac.in:8080/jspui/bitstream/123456789/7181/1/Torts_Fault%20Liability%26StrictLiability.pdf on 2nd Jan 2021

Kastle, K. (1975). Tort liability of educational personnel. Educational Horizons, 54(1), 21-24. Retrieved January 4, 2021, from http://www.jstor.org/stable/42925810

Koko, M. N. & Osasuwa, C. (2019). Teachers' Awareness of Education Tort Liabilities for Student Discipline in Public Secondary Schools of Rivers State. International Journal of Innovative Legal & Political Studies 7(4):1-9

Kornhauser, L. & Revesze, R. L. (2000). Joint Tortfeasors. Retrieved from https://www.researchgate.net/publication/239563762_Joint_Tortfeasors on 2 Jan 2021

Panish, S. & Boyle L. L. P. (2017). Elements of Tort Law in School Liability. California school districts negligence attorneys. Retrieved from https://www.schoolinjuryattorneys.com/elements-tort-law-school liability/#:~:text=Tort%20law%20allows%20one%20party,related%20injuries%20and%20property%20damages.&text=A%20school%20may%20also%20be,evacuation%20regulations%20the%20law%20requires on 4th Jan 2020

Pesce, M. B. & Varacallo, M. (2018). Tort and Liability. Treasure Island (FL): StatPearls Publishing; Retrieved from https://www.researchgate.net/publication/329718260_Tort_and_Liability on 31st Dec 2020.

Peter W. (1959). Torts cause of action. Cornell Law Review 42 (1) fall 1956

Ripps, S. R. (N.D). The Tort liability of the classroom teacher. Retrieved from https://www.uakron.edu/dotAsset/16e35f4b-3281-4c22-9f64-90c266290f67.pdf on 4th Jan 2020

Saylor Academy (2012). Introduction to the Law of Property, Estate Planning and Insurance. Retrieved from https://saylordotorg.github.io/text_introduction-to-the-law-of-property-estate-planning-and-insurance/index.html on 2 Jan 2021

Simons, K. W. (2017). The Crime/Tort Distinction: Legal Doctrine and Normative Perspectives. Widener Law Journal Vol. 17, 719-732

Thavi (n.d). Law of torts. Retrieved on 30th Dec 2020 from http://14.139.60.114:8080/jspui/bitstream/123456789/738/22/Law%20of%20Torts.pdf

Thomas, W. (1978). Tort Liability of Teachers and Principals. NASSP Bulletin. Retrieved from https://journals.sagepub.com/doi/pdf/10.1177/019263657806241509 on 4th Jan 2020

Zervogianni, E. (2004). ‘Remedies for damage to property: money damages or restitution in natura?’, 24 International Review of Law and Economics, 525-541.




DOI: http://dx.doi.org/10.46827/ejes.v8i6.3791

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