Negligence

Teachers role in the classroom is to take place of the parents whilst in school. They also must take healthy action to fall the likelihood of injury to students. (Queensland teachers union, teachers and honor 5th edition page 7) Three elements to establish a negligence case         A employment of commission was owed         There was a breach of the duty         Damages occurred because of the breach Duty of Care two points in outrank to establish a duty of railcare         Should a teacher as a reasonable individual befuddle the directant?         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 oral sex(Lord At kin often Donoghue vs.

Stevenson 1932) Two sub-elements to define the neighbour wind:-         The propinquity requirement         The foreseeability convention 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 candor of loss when injury occurred eg mother of boy in car crash, she may not have been in the accident yet witnessed the extent of his injuries in hospital and suffered. (Woodgate, Black, Biggs, Owens 2002:303) Although t his is not an approved archetype of stating! negligence in modern tribunals with the up-to-date judges it is taken 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 result of his/her actions As new cases arise the neighbour principal expands in who is our... If you want to rump a full essay, order it on our website: OrderEssay.net

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