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  1. Bibliography that address education law governing contracts and tort liability

    QUESTION

     

    find 4 articles for an annotated bibliography that address education law governing contracts and tort liability

 

Subject Article Analysis Pages 4 Style APA

Answer

Annotated Bibliography: Contracts and Tort Liability

Green, P. C., Baker, B. D., & Oluwole, J. (2015). The legal status of charter schools in state statutory law.

The article looks at the position and the legal status of charter schools. According to Green, Baker, and Oluwole, (2015), charters schools exhibit several characteristics of the private schools in terms of their management but also has got several public school features. As such the research looks at the areas of laws where educational facilities especially schools are classified as private or public in terms of regulations or state statutes discussing pending or recent litigation. Second, the inspects the interplay which occurs between charter schools, their management organizations, their boards, and whether they stand up for to public accountability laws, as their public school complements are. Third, this Article surveys whether charter schools are subject to state prevailing wage statutes. Green, Baker, and Oluwole (2015) conclude that in most cases, the distinction is not all that clear in state statutory necessities as they stand currently, and that lawmakers should take care in conscripting charter schools legislation, so that charter institutes have clear rules to follow and observe and courts have a strong set of guidelines to apply their litigations. The status quo is predominantly troubling with regards to student punitive issues and management organizations’ fiduciary responsibilities, and Green, Baker, and Oluwole, (2015) urge legislators to address these issues. This article is important in understanding education law governing contracts and tort liability. In particular, it sheds more light on contract by defining it as a legally binding agreement that occurs between two parties with mutual consents where there is a clear connection between the parties and that relationship is formed and governed by the contract. Therefore, by understanding the nature of contracts and the laws that govern them it is easy to understand the education law governing contracts and tort liability and its subjects.

Liming, W. (2011). Definitional Distinction of Tort Liability Law and Contract Law [J]. China Legal Science, 3, 013.

            This article looks at the further development of the modern society and the applicable space of tort liability laws which have expanded continually and increasingly focusing to the traditional regulatory domains of contract law. Therefore, the outmoded definitional boundary that exist between tort liability law and contract faces a serious challenge. From the viewpoint of a legal system, the extreme expansion of tort liability laws does not only effect the intrinsic system of civil laws, but also obstruct the formation of a Civil Code system and perhaps creates the problem of legal justice. Under such situations, it is of important practical and theoretical significance to volte-face the definitional issues that occur between tort liability laws and contract laws based on the basic ideology, the possibility of protection, the key rudiments needed in liability formation and other several aspects. The article also gives information on the measure of damages of the contracts which may include the preparations available for fissure of contract which includes action for the price and quantum meruit, the common law remedies of damages, as well as the reasonable remedies of command and specific performance. This article is important in understanding education law governing contracts and tort liability since it brings the challenges which Tort Liability Law and Contract Law face as result of the developments observed in the modern society. Additionally, the author also highlights key components of the laws which enhance further understanding on the matter.

Menkel-Meadow, C. (2013). Crisis in legal education or the other things law students should be learning and doing.

The article analyses the current criticisms of legal education which includes costs, content of curricula, loss of job opportunities and advocates that law students are better served by learning and studying different things in law school but most importantly those aim at resolving problems in the community and nurturing coexistence of several individuals irrespective of their difference which may include origin and ideologies. It focuses not only on the conventional Socratic, adversarial clinical education but administrative development, problem-solving, group dynamics, dispute resolution, decision making and dispute system design. The article further contrasts two other occupations, one which is new (business consulting) and the other which is of the same (architecture) for more malleable forms of educational reform and professional task realignments and definitions. Instead of continuing with the “negative” critique of the current models of legal education. The article, therefore suggests a more hopeful course for why practicing and studying law as a broadly definite discipline, should still attract both faculty and students who love and care about making the whole world, fair, effective, efficient, and peaceful. This article is concerned about the crisis in legal education or the other things law students should be learning and doing in the modern society. Highlighting tort and contact laws, the author argues that very little emphasis has been given to the tort and contact laws, regulations that are now part of the society. This article is therefore important in understanding education law governing contracts and tort liability because it highlights certain aspect that require emphasis when learning tort liability and contract laws.

Smits, J. (2006). 2 Private Law and Fundamental Rights: a Sceptical View. In Constitutionalisation of Private Law (pp. 9-22). Brill.

This book sheds light on the importance of understanding several aspects, but focuses on those laws that govern how people coexist in a community without breaching one’s privacy and opinions. The book provides other forms of laws that govern these two laws; tort and contract.  According to the article, contract and tort of negligence ascend in separate questions hence it will one will not be requested to contrast and compare them. The major aim of the article is to identify some certain key differences and similarities so that people are less likely to confuse the two areas and their application in real life situation.  The article is important in this study since it highlights several aspects of both and law and contracts and provides other regulation towards their application in the society.

 

References

Green, P. C., Baker, B. D., & Oluwole, J. (2015). The legal status of charter schools in state statutory law.

Liming, W. (2011). Definitional Distinction of Tort Liability Law and Contract Law [J]. China Legal Science, 3, 013.

Menkel-Meadow, C. (2013). Crisis in legal education or the other things law students should be learning and doing.

Smits, J. (2006). 2 Private Law and Fundamental Rights: a Sceptical View. In Constitutionalisation of Private Law (pp. 9-22). Brill.

 

 

 

 

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