Essay Database
Negligence
Date Submitted: 09/10/2006 01:53:11
Teacher's role in the classroom is to take place of the parents whilst in school. They also must take reasonable action to decrease the likelihood of injury to students. (Queensland teachers union, teachers and law 5th edition page 7)
Three elements to establish a negligence case
*<Tab/>A duty of care was owed
*<Tab/>There was a breach of the duty
*<Tab/>Damages occurred
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statuary duty is a strict liability meaning the personnel in charge are at fault in a negligence case whether it is their fault or not. This is important for the teachers to be aware of if they feel they don't want to take the risk or to take more precautions to prevent further risk. Most of this strict liability involves Workplace, Health and Safety legislation.
NEGLIGENCE
IN
SCHOOLS
Year Eleven Legal Studies
Scott Andrews 11G
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