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Write 3 page essay on the topic Educational Tort.

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Two types of torts are seen in the education: Intentional tort and Negligence tort.

‘The central idea in tort law is that liability is based not so much on acting badly or wrongfully, but on committing a wrong’ ( 2003). ‘Intentional tort’ is involved when offence is commited with the set intention of harming or instilling fear of reprisal or injury. Whereas, in ‘Negligence tort’, the injury caused is unexpected and not deliberate. The underlying concept of one’s duty to safeguard the interests of others, is the vital ingredient of the law of tort.

In the education system, the tort of law is increasingy being used by the students against the teachers. The most common is the assault that may not result in the physical injury. The teachers accused of assaulting students have become frequent. The verbal assault with the intention of instilling fear in the students and battery, when physica contact results in injury, have often been used by the students against the school authorities and teachers. …

Only when all the four points are proved the victim can be suitably compensated for damaged occurred.

Education tort is important to maintain discipline within the different elements of the educational system including the teachers, administrators and students. We can, therefore, conclude that the law of torts has considerable impact on the public issues and plays a vital role in facilitating the welfare of the innocent victims. The huge implications of the law, has a long term deterrent effect on the behavioural pattern of the students and teachers alike and helps to instil a sense of responsibility towards each other.

Reference

Sansone v. Bechtel. (1980). [Accessed 22 October, 2008].

Theories of Tort Laws.