Abstract
<p>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.</p><p> </p><p><strong> Article visualizations:</strong></p><p><img src="/-counters-/edu_01/0796/a.php" alt="Hit counter" /></p>
Highlights
Tortious liability arises out of breach of duty primarily fixed by the law
This duty is towards persons generally and its breach is redressible by an action for unliquidated damages
The concept of tort liability is one that permeates the everyday activities of all school teachers and educational administrators, it doesn’t matter whether they are aware of its presence or not
Summary
A tort is a civil wrong that causes harm to another person by violating a protected right (Pesce & Varacallo, 2018) They further posited that a tort may arise from intentional acts, from negligent acts (frequently an omission of action when there was a duty to act), or from the violation of a statute. Peter (1956) posited that the elements necessary to a cause of action based on negligence include: 1) A legal duty to conform to a standard of conduct for the protection of others against unreasonable risks. Wrongful dealings with another's goods makes one liable even though he was acting under a reasonable belief that he had lawful authority Wrongs against both property and person include nuisance, negligence and breach of absolute duties imposed on the occupiers of land etc. In cases of absolute duties, the wrongdoer is liable even when he took absolute care
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