The Liability Of Teacher And Of City Middle School

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IRAC 1 Call of the Question___Discuss the potential “liability” of Teacher and of City Middle School, as well as any defenses each may raise. STUDENT (JENNIFER, PLAINTIFF) v. TEACHER (DEFENDANT) Subject IS TEACHER POTENTIALLY LIABLE FOR NEGLIGENCE for the FINGER INJURY SUFFERED by the PLAINTIFF? Rule Negligence NEGLIGENCE will be found if TEACHER OWED a DUTY, the duty was BREACHED, and the breach was both the ACTUAL CAUSE and the PROXIMATE CAUSE of the PLAINTIFF’S DAMAGES. A defendant, like TEACHER, would be held liable for negligence, if the plaintiff, JENNIFER, can prove that there was a duty owed to her, that TEACHER breached that duty, the breach of that duty was the actual and proximate cause of Betty’s injuries. Application of the Rule 1. Duty There is more risk involved in a making a field trip than in attending a typical day at school. The travel is longer, the destination is new and unknown. TEACHER owes a DUTY to ACT as a REASONABLE TEACHER would act on a field trip. A teacher has a special relationship with his students. According to tort law a special relationship comes with extra duties. The standard to which teachers are held is that degree of care which a person of ordinary prudence, charged with TEACHER’S duties, would exercise under the same circumstances. TEACHER HAD A DUTY TO KEEP the PLAINTIFF SAFE as much as her parents, under the DOCTRINE of LOCO PARENTIS. TEACHER is in the position of a caring parent which brings with it
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