Q2 Flashcards
1
Q
What is negligence?
A
Negligence is a civil action, not a criminal one. Actions in negligence arise from unintentional & non-criminal acts.
2
Q
For an action in negligence to be successful three elements must be present.
A
- There must be a duty of care owed to the plaintiff (the person seeking compensation) by the defendant (the person blamed)
- The defendant failed to exercise the required standard of care
- The plaintiff must have suffered loss as a result of the defendant’s lack of care, and that loss must have been reasonably foreseeable
3
Q
5 factors in determining whether there has been a breach of duty of care are:
A
- The foreseeability of harm (reasonably)
- The magnitude of risk of harm occurring
- The gravity of harm that may take place
- The cost & practicability of preventing it
- The justification for running the risk. Risk / benefit analysis
4
Q
When does liability exist?
A
Liability exists whenever there is a teacher-student relationship, & this teacher-student relationship exists not just on school grounds but on excursions and camps as well.
5
Q
Richards vs the State of Victoria
A
Is a historic case in Australia that set a precedent on negligence in a school setting