Tort Liability and Contract Liability.

4. If school officials knew a violent act was threatened to occur or if there should have been a school official on duty where the students were and was not, the school could be held liable for the injury.

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)

There are many defendants in this case. First and foremost Dale, the loss prevention officer for Wal-Mart, is a defendant because he intentionally restrained Bob against his will and the restraint was unlawful. Dale also failed to follow company rules; Dale was supposed to watch a video that explained how to catch and deal with thieves but decided not to watch the video. The second defendant would be Dale’s supervisor. The supervisor recorded a pass on an exam that dale did not take. The exam Dale failed to write was based on the video that Dale did not watch. The third defendant would be Wal-Mart; Wal-Mart assumes liability because they could be at fault for not properly training staff. Bob would want to take action on

Read more: Liability of School Districts and School Personnel for Negligence - Duty, Breach of Duty, Injury, Causation, Defenses, Malpractice - StateUniversity.com

Luis M. v. Hayward Unified School District case can be applied to this situation when a student was attacked and thusly injured in his school’s hallway in between class changes. There were no teachers supervising the hallway. Luis M. was a 15-year-old sophomore. Luis M. said a gang member attacked him in the lunchroom on his first day at Hayward High. Luis M. said the school was negligent in supervising the students and allowing the nonstudents to enter campus. Applying this case to the walkway here, the school could easily be considered negligent if a student were to become injured while traveling along this area because of a lack of supervision. The school is breaching its duty of care to the students’ safety. Lack of supervision could

Rule: Battery is the unconsented harmful or offensive touching with the intent to harm or offend. Leroy did intend to immobilize John when he grabbed him, but this was done in the defense of a third party.

As a starting note, any mention of concurrent liability should be assumed to mean concurrently liability in tort and contract. Traditionally the distinction between contract and tort was that contract concerns the improvement of the claimant 's position, whereas tort is concerned with dealing with their position worsening. There has been dispute around concurrent liability and its ambiguity has led to varying decision in cases and statute making as Taylor puts it “the basis of concurrent liability uncertain”. This essay will argue Tort has and is extending itself beyond its traditional role due to judges presumption of morality leading to the unclear concurrent liability we see today. Whilst this concurrent liability shows some

There are three theories of liability direct, vicarious, and enterprise. Direct liability has four types that are direct one of which is the principle in the 1st degree aka "the Perpetrator" which is someone who committed the crime willing on his own accord. The second is the principle in the 2nd degree aka "the Accomplice" which is someone who assisted the assailant with the delegation of the crime while also wanting to commit the crime at the same time he/she is also present during the scene of the crime. An accessory before the Fact is not present in the area of where the crime was committed, but helped by either counseling, encouraging, or urging the delegation of a crime. The Pinkerton Rule states that all accessories are liable for predictable actions that lead to being criminalized hence the violation of the criminal agreement. Even if the accomplice is not present at the scene of a committed felony crime they are still guilty. The two aspects are the specific resolve towards committing the crime the aiding of crime or encouragement towards the committing of a crime. A death penalty is only ever enforced on those who have committed the murder. The next type is the accessory after the fact which is someone who knows he/she has committed a crime and still aid with disturbing the case like hiding the assailant away from the police for example. They will also be charged with the felony since they know they committed the crime. Relations like with family is a type of

Large yellow school busses lining the streets, school parking lots filled with employee cars, and students walking to school with loaded backpacks; all signs that school is in session. With the excitement of motivated students filling the classrooms and sounds of young chatter in the hallways, it is almost impossible to think that anything could go wrong during the school year. However, in no time, a student is on the ground with a large gash down their leg and a broken arm. It was not clumsiness or mischief, it was the uneven blacktop that has been cracked for the past four years. This scenario could be an occurrence at many sites, however, with proper procedure, and maintenance, possible cases of negligence can be avoided. At Lakeside Middle School, the administration and custodian personnel conduct walkthroughs on a regular basis, yet there are still possible cases of negligence lurking in the realm.

The Plaintiff attempted to cross three lanes of oncoming traffic to enter a gas station. The defendants' driver was speeding and ran a yellow light then struck the plaintiffs' car.

Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the defendant, causation and injury(Stuhmcke and Corporation.E 2001). However, this form of tort differs from intentional tort as regards the manner the duty is breached. In torts of negligence, duties are breached by negligence and not by intent. Negligence is conduct that falls below the standard of care established by law for the protection of others against unreasonable risk of harm(Stuhmcke and Corporation.E 2001). The standard measure of negligence is the universal reasonable person standard. The assumption in this case is that a reasonable

Contingent Liability is a condition that refers to the possibility of a future event happening and addresses the responsibility of the party liable should the event take place. In today’s real estate market both sellers and buyers may have contingencies stated in the terms and conditions for selling and purchasing a home. The most common contingent liability are guarantees to debt.

Negligence is the failure to exercise due care or diligence that a reasonable or prudent man would exercise in similar circumstances. The law of negligence falls under tort law where it involves harm that is caused by carelessness and not intentional harm (Katter, 2002). A tort is a civil wrong that is in the form of a breach of duty, which amounts to legal remedy that is awarded in damages. Tort law rests upon two principles that state that an act or omission by the defendant interferes with the rights of the plaintiff, which in turn causes damages (Trindade, 2007). Secondly, the interference caused by the defendant gives rise to a cause of action for damages that are as near as possible to the plaintiff’s loss. Therefore, negligence can be defined as doing something that a reasonable man would not have done in similar circumstances or failure to do what a reasonable man would have done which amounts to infliction of harm.

This paper will be discussing the concept of strict liability along with the concept of absolute liability within the R. v. Sault Ste. Marie (1978). In doing so, this paper will explain how strict liability offences strike a good balance between the policy rationales for absolute liability in regulatory offences and the criminal law principle that only the morally blameworthy may be punished, and how the courts have interpreted absolute liability offence and their relationship with the Charter of Rights.

Schools need to maintain a disciplined and safe learning environment. There are many disciplinary actions that are in use today and although some can disagree about the amount of discipline that is best for maturing children, it is reasonable to be in agreement that a positive learning environment begins with physical and emotional safety. School safety includes a broad range of matters, including, fighting, bullying, drugs, alcohol, weapons, and etc. Many schools use varying methods in an effort to maintain school safety. Some schools limit school access and require all visitors to sign in. Physical surveillance is another common method of addressing school safety issues along with use of staff and student identification. Among all these