Page 11 - Mini-Module 9

What types of liability can schools and people
involved in schools incur?

Civil Liability – Generally this is liability incurred arising from a breach of a
legal duty owed to another individual or legal person. The action is
instituted by the party claiming loss arising from the breach. Common
causes of action giving rise to such liability include breach of contract,
negligence, breach of trust, defamation and breach of copyright. Typical
awards against defendants are damages, injunctions and declarations.

Criminal Liability – When an individual commits an act that is an
infringement of a criminal statute he becomes criminally liable. In this
instance the state commences the action and the government is the
prosecutor. There are many acts that give rise to criminal actions,
including murder, robbery, arson, wounding, common assault, theft,
sexual assault, bribery and intimidation.
Schools regularly enter into contracts with third parties for supplies and
services. While we shall examine the employment relationship relating to
teachers in section 4 (page 25), it is useful to note the following in
considering contracts with third parties:
1. Who are the parties to the contract?

On the part of the school, it could be the Incorporated Management
Committee, the Supervisor, the Principal or one of the teachers. In
any case, we should carefully consider the authority that the
contracting party has to enter into such an agreement, and the
liability that could attach.
2. Will the school be responsible for meeting the obligations under the
contract?

3. Who will enforce the contract if there is a breach on the part of the
counterparty?

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