ENS 363 Exam #2 Flashcards
Liability
condition of affairs which gives rise to an obligation to do a particular thing
“Loco parentis”
teachers are responsible for your safety in school
Tort
legal wrong resulting in direct or indirect damage to individual or property; committed through omission or commission
Act of omission
when you forge to do something that you should have done; when you don’t say something you should’ve said
Act of commission
when you lie; perform something that results in harm; something you weren’t supposed to do
Negligence
consists in the failure to act as a reasonably prudent and careful person would under the circumstance involved
Proximate cause
negligence of the defendant may not have been the proximate cause of the plaintiff’s injury
Act of God
situation that exists because of certain conditions that are beyond the control of human beings
Assumption of risk
individual takes a certain risk when engaging in various games and sports
Contributory negligence
subject to contributory negligence if they expose themselves unnecessarily to dangers
Sudden emergency
situation requires immediate action on the part of a teacher, as a result, an accident occurs
Nuisance
circumstances surrounding the act are dangerous to life or health
Attractive nuisance
attractive contrivance which is maintained, alluring to children but inherently dangerous to them
Immunity
school is immune from liability suits
Governmental function
activities that are helping the state to govern the people; done for the benefit of people in a non-profit matter