Negligence

Teachers role in the classroom is to take place of the parents whilst in school. They also must take bonnie action to decrease the likelihood of injury to students. (Queensland teachers union, teachers and virtue 5th edition paginate 7) Three elements to establish a negligence case         A indebtedness of commission was owed         There was a breach of the duty         Damages occurred because of the breach Duty of Care 2 points in outrank to establish a duty of political machinee         Should a teacher as a reasonable individual ensure the casualty?         Did he/she take sufficient precautions to prevent the incident? But first was he/she a legal populate. The law defines a neighbour as someone so most and directly affected by my act that I ought reasonable to have them in reflectivity as being so affected when I am directing my mind to the acts or omissions which are called in or al sex(Lord Atkin often Donoghue vs.

Stevenson 1932) Two sub-elements to define the neighbour spark advance:-         The propinquity requirement         The foreseeability dogma The propinquity requirement - 1st element of neighbour principal         Physical propinquity - relates to space and time         Circumstantial proximity - employer/employee, teacher/student         Casual proximity - closeness and fair-mindedness of loss when injury occurred eg mother of boy in car crash, she may not have been in the accident unless witnessed the extent of his injuries in hospital and suffered. (Woodgate, Black, Bigg s, Owens 2002:303) Although this is not an ! approved model of stating negligence in modern acts with the up-to-date judges it is interpreted into consideration. The foreseeability principal - 2nd element of neighbour principal The court makes judgement on what a reasonable person in the shoes of the defendant should have been able to foresee the end point of his/her actions As new cases arise the neighbour principal expands in who is our... If you want to guide a full essay, order it on our website: OrderEssay.net

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