Millions Of Children Await The Last Day Of School Because

938 WordsMar 2, 20174 Pages
Millions of children await the last day of school because once the bell rings, summer begins. This means summer camps are in full effect and camp counselors, coaches, etc., are now liable for the hundreds of children who attend. Having the correct documents, specifically, waivers forms become paramount. The state of Texas’s law takes a similar approach to honoring waivers as other states, with a few slight differences. Waivers are upheld if the participants and their parent sign them. Before diving into the complex language of waivers, it is important to understand the law and how various legal systems view them. Tort and contract law are at play, which in the case of tort law, defendants are held accountable for tortious acts that injure…show more content…
This also means parents cannot give up their children’s rights to sue. Texas law encourages and supports the freedom to contract and the Texas Supreme Court has long recognized the state’s strong public policy in favor of preserving this. The court held 150 years ago: if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts when entered freely and voluntarily shall be held sacred and shall be enforced by Courts of justice. Therefore, you have this paramount public policy to consider—that you are not lightly to interfere with this freedom of contract (Cole, 2016). Furthermore, the terms of the wavier must be conspicuous (Sharp, Moorman and Claussen, 2014). If a player were to get seriously get injured and their parent want to sue, The Texas Supreme Court, in promulgating the Texas Rules of Civil Procedure, has established a process for settling an injured minor’s claim: A lawsuit is filed through a “next friend,” a guardian ad litem is appointed by the court, and the court approves a settlement after a hearing. The guardian ad litem is appointed to represent a minor child in most cases wherein the child has sustained an injury and the parents may have a claim to part of the settlement proceeds. The ad litem is charged to protect the rights and interests of the

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