Torts A tort is an act or omission which unlawfully violates a person’s right created by the law, and for which the appropriate remedy is a common law action for damage by the injured person (p. 639)

Torts Torts are: A civil wrong independent of a contract Intentional or the result of negligence Violates a person’s rights Brought to trial by an individual rather than by the court (different from a crime) The use of “reason”

Torts Intentional interference Strict liability Negligence

Torts Intentional Interference May not intend to injure Assault—no physical contact Mental or psychological violation Battery—intentional physical contact Teachers generally have a lot of latitude (in loco parentis) Interference with peace of mind

Torts Strict Liability Injury with no one at direct fault Liability imposed on an actor apart from either: An intent to interfere with a legally protected interest A breach of duty to exercise reasonable care Generally rare (e.g., lab equipment)

Torts Negligence Neither intended nor expected The “reasonable person” standard Elements of negligence Duty to protect others (risk vs.obligation) Standard of care Causal conditions Injury

Torts Defenses to negligence Contributory negligence Fault of the injured Applied reasonably Comparative negligence Based on the degree of fault Some assumption of risk Exculpatory releases Cannot waive the rights of a child or the duty to protect Educational malpractice