Negligence

Teachers role in the classroom is to take place of the parents whilst in school. They also must take honest action to slack the likelihood of injury to students. (Queensland teachers union, teachers and truth 5th edition rapscallion 7) Three elements to establish a negligence case         A transaction of commission was owed         There was a breach of the duty         Damages occurred because of the breach Duty of Care dickens points in outrank to establish a duty of machinee         Should a teacher as a reasonable individual find the misfortune?         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 close 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 Atkin often Donoghue vs.

Stevenson 1932) Two sub-elements to define the neighbour main(prenominal):-         The propinquity requirement         The foreseeability dominion The propinquity requirement - 1st element of neighbour principal         Physical propinquity - relates to space and time         Circumstantial propinquity - employer/employee, teacher/student         Casual proximity - closeness and directness of loss when injury occurred eg mother of boy in car crash, she may not have been in the accident but witnessed the extent of his injuries in hospital and suffered. (Woodgate, Black, Biggs, Owen s 2002:303) Although this is not an approve! d ideal of stating negligence in modern courtyards 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 end of his/her actions As new cases arise the neighbour principal expands in who is our... If you want to dirt a full essay, order it on our website: OrderEssay.net

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