Standardized Tests, Erroneous Scores, and Tort Liability


Recently, there has been a vast expansion of standardized testing and of related scoring errors. For example, in October 2005, the College Board mis-scored 5,000 SAT exams. Most scores were too low by 50 to 100 points, but in some cases the deficiency was over 400 points. This is the first law review article to examine the issue of whether mis-scoring of standardized tests is actionable until traditional tort theories. The article assesses the viability of claims for fraud, negligent misrepresentation, defamation, false-light invasion of privacy, tortious interference, and injurious falsehood.



Date of this Version

September 2006