Читать книгу The Law of Higher Education - William A. Kaplin - Страница 49

Chapter 3 addresses the concept of authority—specifically, the college or university's authority to take particular actions and its potential legal liability for exercising authority in certain ways. Explanations are given for three types of authority (express, implied, and apparent authority) and three types of liability (tort law [especially negligence], contract law, and civil rights liability). More specifically, the institution's potential premises liability (for allegedly unsafe buildings and grounds) is discussed, followed by liability for injuries related to on- and off-campus courses, cocurricular activities, and liability related to student suicide. Institutional contract liability is then addressed, including the question of an institution's (or an individual's) authority to enter a contract that will bind the institution. Finally, the institution's potential liability for civil rights violations under Section 1983 of the Civil Rights Act is examined, along with the defense of sovereign immunity.