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When Is A Teacher Or School Liable In Negligence?, Helen Newnham
When Is A Teacher Or School Liable In Negligence?, Helen Newnham
Australian Journal of Teacher Education
The law is increasing affecting the practice of education. The most likely reason a teacher or school will face legal action is in negligence where a student has been injured while under the school’s protection. This may occur in a variety of settings. To satisfy the elements of the tort of negligence the student who becomes in law the plaintiff must prove that a duty of care was owed, that the duty was breached, by not maintaining the appropriate standard and that the injury was a reasonably foreseeable consequence of that breach of duty. It would be rare for a …