A civil wrong referred to as a tort. In cases where the damage caused was not intentional, this is what is called unintentional tort. Negligence is the most common type of unintentional tort (Lesson 8). Unintentional tort does not require the victim to show proof of intent from the actor.
Sovereign immunity is a judicial doctrine that protects government agencies from liability (Lesson 8). The Texas Tort Claims is there to protect school districts from liability resulting from any case that might arise, except those that result from the school or its staff being negligent (Walsh, Kemerer and Maniotis, 2010). Example: in countries ruled by monarchies, the concept of sovereign immunity applies because the king or the queen are said not to do any wrong.
In the case on Barr v. Bernhard the court ruled that the school known as Kerrville ISD was not liable for the damage caused when a barn roof collapsed on a student (Lesson 8). This case is significant because it serves as an example, for students and parents who may decide to sue schools which are usually immune to such liabilities (Lesson 8).
Wood v. Strickland serves as an example for other. One, the school officials’ immunity was dependent on if the officials had acted sincerely without malicious intent to deprive students of their rights (Lesson 8). Secondly, if they knew their actions violated the constitutional rights.
The case shows the key grounds for students to sue if their due process rights get violated. The coach is still liable because using the defense that there was assumption of risk does not relieve him from negligence (Lesson 8).
Foreseeability is an important aspect in liability cases such as the negligence cases (Lesson 8). If a teacher fails to foresee that a student may be harmed and the teacher does act in a prudent manner, they are liable for ...Show more