Q2

Question 1

What is negligence?

Answer 1

Negligence is a civil action, not a criminal one. Actions in negligence arise from unintentional & non-criminal acts.

Question 2

For an action in negligence to be successful three elements must be present.

Answer 2

1. There must be a duty of care owed to the plaintiff (the person seeking compensation) by the defendant (the person blamed)
2. The defendant failed to exercise the required standard of care
3. The plaintiff must have suffered loss as a result of the defendant’s lack of care, and that loss must have been reasonably foreseeable

Question 3

5 factors in determining whether there has been a breach of duty of care are:

Answer 3

1. The foreseeability of harm (reasonably)
2. The magnitude of risk of harm occurring
3. The gravity of harm that may take place
4. The cost & practicability of preventing it
5. The justification for running the risk. Risk / benefit analysis

Question 4

When does liability exist?

Answer 4

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.

Question 5

Richards vs the State of Victoria

Answer 5

Is a historic case in Australia that set a precedent on negligence in a school setting