Negligence: Tort and Reasonable Person

1367 WordsAug 6, 20056 Pages
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 A duty of care was owed There was a breach of the duty Damages occurred because of the breach Duty of Care Two points in order to establish a duty of care Should a teacher as a reasonable person foresee the incident? Did he/she take sufficient precautions to prevent the incident? But first was he/she a legal neighbour. The law defines a neighbour as "someone so closely and directly affected by my act…show more content…
$30 for medical dressings) Compensatory Damages - Special damages: things with actual cost such as medical expenses. General damages: Include pain and suffering which actually can not be priced. Punitive Damages- for punishment to defendant for purposeful actions of negligence Aggravated Damages - made the injury worse by emotional assault. An injunction may also be issued. This is to prevent the negligent acts from being performed again by the defendant A fire starts in a local High School computer room. A qualified teacher had just received an extinguisher for the room for such an emergency. Upon using the extinguisher to put out the fire a female student was badly burnt to 60% of her body leaving her scared for life. This happened because the teacher had ordered an inappropriate extinguisher for the application and of cheap quality. The whole school fire alarm was not activated because of the lack in smoke alarms. The plaintiff (female student) has every right to take action against the negligent teacher and school. The teacher did owe a duty of care to his student. To establish this, the following points have been considered The teacher's role in the classroom is to take the place of parents and not to insure against but take reasonable measures to prevent injury (Queensland Teachers
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