Week 2 Tort and Contract Theories Legal Issues in Higher Education: The Students LS517

Definition of Tort A tort is a civil wrong, other than breach of contract, for which the law provides a remedy. This area of law imposes duties on persons to act in a manner that will not injure other persons. Prosser, W., Wade, J. & Schwartz, V. (1988) Cases and Materials on Torts. Westbury, NY: The Foundation Press. A tort is a civil wrong, other than breach of contract, for which the law provides a remedy. This area of law imposes duties on persons to act in a manner that will not injure other persons. Prosser, W., Wade, J. & Schwartz, V. (1988) Cases and Materials on Torts. Westbury, NY: The Foundation Press.

Common Torts in Post-Secondary Education Negligence Defamation Negligence Defamation

Examples of tort liability: Accidents due to conditions of buildings, grounds, or equipment Accidents associated with the transportation of students Accidents occurring during school athletic events Injuries resulting from lack or insufficiency of supervision Kaplin, W. A. & Lee, B. A. (2005). Higher Education and the Law. Hoboken NJ: John Wiley & Sons. Accidents due to conditions of buildings, grounds, or equipment Accidents associated with the transportation of students Accidents occurring during school athletic events Injuries resulting from lack or insufficiency of supervision Kaplin, W. A. & Lee, B. A. (2005). Higher Education and the Law. Hoboken NJ: John Wiley & Sons.

Negligence In a case against the institution, “the legal definition will be met if the institution owed a duty to the injured party but failed to exercise due care to avoid the injury”. Kaplin, W. A. & Lee, B. A. (2005). Higher Education and the Law. Hoboken NJ: John Wiley & Sons. In a case against the institution, “the legal definition will be met if the institution owed a duty to the injured party but failed to exercise due care to avoid the injury”. Kaplin, W. A. & Lee, B. A. (2005). Higher Education and the Law. Hoboken NJ: John Wiley & Sons.

No Duty If the student is pursuing private social activities that the institution has not undertaken to supervise or control, a court may find that no duty exists. Kaplin, W. A. & Lee, B. A. (2005). Higher Education and the Law. Hoboken NJ: John Wiley & Sons. If the student is pursuing private social activities that the institution has not undertaken to supervise or control, a court may find that no duty exists. Kaplin, W. A. & Lee, B. A. (2005). Higher Education and the Law. Hoboken NJ: John Wiley & Sons.

Foreseeable The court will look to see whether the harm was foreseeable. If an injury was unforeseeable, the court will not find that the institution owed a duty. Kaplin, W. A. & Lee, B. A. (2005). Higher Education and the Law. Hoboken NJ: John Wiley & Sons. The court will look to see whether the harm was foreseeable. If an injury was unforeseeable, the court will not find that the institution owed a duty. Kaplin, W. A. & Lee, B. A. (2005). Higher Education and the Law. Hoboken NJ: John Wiley & Sons.

Acts of third parties “ Certain established principles of tort law provide a sufficient basis for the imposition of a duty on the university to use reasonable care to protect resident students against the dangerous acts of a third party” (Kaplan, 2005, p. 106) Kaplin, W. A. & Lee, B. A. (2005). Higher Education and the Law. Hoboken NJ: John Wiley & Sons. “ Certain established principles of tort law provide a sufficient basis for the imposition of a duty on the university to use reasonable care to protect resident students against the dangerous acts of a third party” (Kaplan, 2005, p. 106) Kaplin, W. A. & Lee, B. A. (2005). Higher Education and the Law. Hoboken NJ: John Wiley & Sons.

In loco parentis As discussed in week1, now that a college no longer assumes the role of parent as was the case decades ago, College administrations no longer control the broad arena of morals. Institutions are not able to impose the same restriction on students. Kaplin, W. A. & Lee, B. A. (2005). Higher Education and the Law. Hoboken NJ: John Wiley & Sons. As discussed in week1, now that a college no longer assumes the role of parent as was the case decades ago, College administrations no longer control the broad arena of morals. Institutions are not able to impose the same restriction on students. Kaplin, W. A. & Lee, B. A. (2005). Higher Education and the Law. Hoboken NJ: John Wiley & Sons.

Definition of Contract A contract is a promise or set of promises for the breach of which the law gives a remedy or the performance of which the law, in some way, recognizes a duty. Kaplin, W. A. & Lee, B. A. (2005). Higher Education and the Law. Hoboken NJ: John Wiley & Sons. A contract is a promise or set of promises for the breach of which the law gives a remedy or the performance of which the law, in some way, recognizes a duty. Kaplin, W. A. & Lee, B. A. (2005). Higher Education and the Law. Hoboken NJ: John Wiley & Sons.

Elements of a Contract Offer Acceptance Consideration Capacity to perform Kaplin, W. A. & Lee, B. A. (2005). Higher Education and the Law. Hoboken NJ: John Wiley & Sons. Offer Acceptance Consideration Capacity to perform Kaplin, W. A. & Lee, B. A. (2005). Higher Education and the Law. Hoboken NJ: John Wiley & Sons.

Contract Liability “The key to the institution’s liability is authorization; that is, the institution may be held liable if it authorized the agent’s action before it occurred” (Kaplin, 2005, p. 114). Kaplin, W. A. & Lee, B. A. (2005). Higher Education and the Law. Hoboken NJ: John Wiley & Sons. “The key to the institution’s liability is authorization; that is, the institution may be held liable if it authorized the agent’s action before it occurred” (Kaplin, 2005, p. 114). Kaplin, W. A. & Lee, B. A. (2005). Higher Education and the Law. Hoboken NJ: John Wiley & Sons.