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17 February, 15:55

Brian Hanson sustained a paralyzing injury while playing in a lacrosse match between Ohio State University and Ashland University. Hanson had interceded in a fight between one of his teammates and an Ashland player, William Kynast. Hanson grabbed Kynast in a bear hug, but Kynast threw Hanson off his back. Hanson's head struck the ground, resulting in serious injuries. An ambulance was summoned, and after several delays, Hanson was transported to a local hospital where he underwent surgery. Doctors determined that Hanson suffered a compression fracture of his sixth spinal vertebrae. Hanson, now an incomplete quadriplegic, subsequently filed suit against Ashland University, maintaining that because Kynast was acting as the agent of Ashland, the university was therefore liable for Kynast's alleged wrongful acts. Was Kynast an agent of Ashland?

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  1. 17 February, 17:13
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    No

    Student-athletes usually sign a contract to prevent such liabilities to the Universities, saying that they give up compensation and representation.

    But if Hanson's attorneys were able to successfully prove civil wrong by using the law of torts then Kynast and Ashland would be liable. Torts include most non-contractual wrongs.

    Explanation:

    Tort law refers to laws that provide settlements to individuals who have suffered harm by the acts of another. The law of tort is based on the idea that someone is liable for the consequences of their actions, whether accidental or intentional, if they cause harm to another person or entity.

    Torts are the civil wrongs that form the basis of civil lawsuits.

    If an agent commits a tort and negligently injures a third party in the course and scope of the agent relationship, they may also be liable to the third party for the wrongful injury.
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