Question 1: Negligence

Question 1

Explain negligence

Answer 1

Negligence is the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. Actions in negligence arise from unintentional and non-criminal acts, hence it is a civil act. For an action in negligence to be successful three elements must be present:

Question 2

What are the 3 interrelated factors that are required to prove negligence? Describe them.

Answer 2

1. Duty of care - Student teacher relationship
2. Breach of duty - Did not do what a reasonable person would do
3. Causation - Whether the breach of duty has resulted in the harm for which damages are sought

Question 3

What is a case demonstrating negligence?

Answer 3

Richards v State of Victoria (1968)

Question 4

Describe Richards v State of Victoria (1968) in general

Answer 4

A 16-year-old and 18-year-old boy were sitting in the back row of a maths classroom. Had a verbal fight that turned physical. Teacher stated they were writing on the board for the duration of the lesson. The 16-year-old boy was hit in the ear and suffered a spastic paralysis.

Question 5

Describe Richards v State of Victoria (1968) in terms of negligence

Answer 5

A duty of care was established due to the teacher-student relationship.
- Breach of duty of care - Was breached as the teacher did not take reasonable care to prevent the injury.
- Foreseeable risk - Teacher could have intervened and with intervention it is unlikely the event would have occurred.
- Causation - teacher claimed they had been writing on the whiteboard for the lesson and had not seen the fight. They had made no move to break up the argument.
Judge specifically stated that it is not a duty to insure against injury, reasonable steps must be taken by the teacher to prevent injury that was reasonably foreseeable.

Question 6

How can you minimise negligence?

Answer 6

• Common sense
• Proactive intervention is the result of foreseeability.
• Follow policy and guideline your school has in place.
  o School camps/excursions – visit personally to conduct a risk assessment.
  o Obtain necessary medical/consent forms.
  o Plan for emergencies.
  o Monitor student closely- have provisions in place.
  o Provide appropriate staff-student ratio.
  o Ensure staff have appropriate expertise/training.