KIN - ch. 9

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  1. tort
    legal wrong that results in damage to a person or their property
  2. negligence
    most common tort in education
  3. duty
    does defendant owe anything to plaintiff?
  4. breach of duty
    did defendant fail to use reasonable care with the duty?
  5. damage as proximate result
    damage & cause (physical, emotional, financial harm)
  6. mbwa stands for:
    management by walking around
  7. mbwa means:
    inspect teaching areas for hazards
  8. malfeasance
    illegal act of COMMISSION (ex: hitting student)
  9. nonfeasance
    illegal act of OMISSION (Ex: allowing bullying and not stopping it)
  10. MISSfeasance
    falls short of reasonable standard of care
  11. comparative negligence
    found in BOTH SIDES and pay out is prorated to match the percent of negligence
  12. attractive nuisance (boys' minds)
    "too good to pass up"
  13. act of God
    covers natural, unforeseeable events
  14. proximate cause
    inevitable with or without actions of the defendant
  15. assumption of risk
    can the plaintiff assume risk of activity?
  16. contributory negligence
    plaintiff's actions contributed
  17. what will keep you out of court?
    • -lesson plans
    • -keep good records
    • -inspect equipment &keep checklist
    • -respect parents' notes
    • -be aware of special needs
Card Set:
KIN - ch. 9

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