Reply to the 250 words and 2 apa citations:
A tort is separate than a breach of contract, but is seen as a civil wrong in which the court provides relief. These kind of cases involve the law of the state and states that individuals are responsible for their actions when regarding injuries to others. In the school premises there are three types of torts including liability, negligence, and defamation (McCarthy et al, 2014, p. 418).
A negligence tort is when one breaches the responsibility of protecting others from harmful risks. If there is a claim against an individual one must prove successfully 1. Did the defendant protect the plaintiff? 2. Did the defendant fail to provide appropriate standards of care 3. Did the negligence of the defendant relate to legal cause or proximity of the injury and 4. Did an actual injury occur. It is the duty of the school officials to always provide supervision, provide appropriate instruction, maintain the building, and warn others of possible dangers (McCarthy et al., 2014, p. 419). An example includes the Rupp v. Bryant case in which the principal Rupp failed to prevent the injuries to Bryant (Rupp v. Bryant, JUSTIA US Law).
A defamation tort is when an individual slanders through spoken or sign language, libel through written words or symbols, or carrying out an imputation. Courts must decide if defamation occurred by 1. Was the individual targeted through privacy or personally? 2. Was the communication true or false? 3. Was the expression an opinion or fact? and 4. Was the comment privileged? (McCarthy et al., 2014, p.438-439).
A liability tort includes intentional acts of assault, battery, false imprisonment, and intentional acts of mental distress. Assault and battery is when is getting injured from another individual. False imprisonment is when is falsely accused of committing a crime when they did not do it. Infliction of mental distress is when an individual keeps messing with another individual on an ongoing basis (McCarthy et al., 2014, p. 434-437).
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