IV. FURTHER REFORM
As referred above in the State of Liability section, the liability of teachers is protected fairly by the school by virtue of doctrine of vicarious liability. Vicarious liability is one of the concept of loss distribution mechanism where the school is liable for the negligence of the teachers. Vicarious liability is established in a relationship between an employer and employee according to the stipulated contract. When an injury occurs to a student, the parents are more likely to directly sue the school rather than the teachers simply because the school has ‘deeper pockets’. One of the traditional principle of negligence is that a defendant is at fault of the injury of the plaintiff. According to corrective justice theory, the teacher is obliged to restore the student back to his or her original state before the injury. However, the burden is too heavy for a teacher to compensate every damage the court finds he or she is accountable of therefore, vicarious liability shifts the burden of compensation. In other words, the doctrine of vicarious liability improved the weak aspect of corrective justice theory therefore, teachers are protected from liability...
... middle of paper ...
... websites to provide standard of practice. The standard of practice provide criteria for the conduct when interacting with the student however, specific instruction are necessary for teachers to act in certain ways in various circumstances. For example, incidents that may occur outside school hours such as bullying, being injured outside school grounds, school excursions or perhaps cyberbullying. The difficulties of finding whether the teacher is liable for the injury of student in such circumstances the courts looks at the reasonable care of teachers in the circumstances at the time the incidents occurred. Students may be bullied inside or outside school without teacher being noticed of the occurrence therefore, teachers cannot notice or suspect bully every moment and sometimes it is difficult for court to decide whether duty of care arises in that circumstance.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- ... However if no actions are taken to suspend cyberbullying then injustice for cyberbullied ones will keep increasing. The Pledge of Allegiance specifically mentions “with liberty and justice for all” but yet no justice for the cyberbullied individuals. Cyberbullying is not about ‘simply being a jerk’ because if it were, many teens would not be depressed , drop out of schools, misuse drugs, or harm themselves. To give justice to the victims having prisons are not necessary for the perpetrators.... [tags: pain, self-harm, suicide, injustice]
787 words (2.2 pages)
- Throughout history a lot of expects have tried to understand why some people feel the need to commit crimes, even though there have been harsh laws inforced for thouse who commit crimes. These people have come up with theories as to why people commit crimes. in order to understand these theories we have to understand what a crime is and also understand the definition of theories. Crime is a human conduct that violates the laws of a state or the ferdral government. There are different ways people view criminal behavours either thourgh the view of the social problem prespective which blames the society and the social responsibility which blames the person who commited the crime.... [tags: Criminology, Crime, Sociology, Explanation]
797 words (2.3 pages)
- “Corporate Social Responsibility” “Corporations today are under a microscope. Virtually every aspect of operations is subject to scrutiny by consumers.” According to Ogilvy, If CSR issues are managed well, there will be opportunities for a company to build its reputation and differentiate itself. In today’s society, what you stand for as an organization matters way more than what you produce, sell or what services you provide. CSR is a commonly used as an abbreviation for “Corporate Social Responsibility”.... [tags: consumers, ethics, power]
2113 words (6 pages)
- Alcohol is a drink that is a common social norm in our society today. Alcohol is rising concern for not only adults, teenagers too. This is not a new situation and the concern has existed for years. Teenage drinking has become one of the largest social issues among young people in America today. There is simply no way of preventing underage drinking although it is illegal, there are ways to inform teenagers the effects and harm it does to your body. You simply can not tell college kids they can’t drink, it is unenviable, but again teaching the consequences and concerns can further their education with alcohol related substance and situations in which they encounter.... [tags: Drinking culture, Alcoholism, Alcohol abuse]
1078 words (3.1 pages)
- Pros of Limited Liability • Limited liability: This means that the owners and shareholders personal property are protected when the LLC is bankrupt or sued. Also, in some cases of fraud and illegal acts the courts will pierce the corporate veil that protects the member or members so that they become personally liable for such acts. However, it was said that since there are little to no precedent in this area of such law it is difficult to determine under which circumstance the veil would be removed.... [tags: Corporation, Limited liability company]
702 words (2 pages)
- When it comes to contracts, there are certain elements or requirements, which need to be met in order for the contract to be valid. Defined, a contract is “an agreement that can be enforced in a court; formed by two or more parties who agree to perform or refrain from performing some act now or in the future” (Hollowell & Miller, 2014, p. 110). With contract law, there is the enforcement of promises made between two parties, even if made in private. Additionally if a promise is made, there is the possibility of the obligation falling into a moral liability rather than a legal liability.... [tags: Contract, Gentlemen's agreement, Contract law]
717 words (2 pages)
- ... Hooker Chemical drained the canal and lined it with canal to prevent the soon to be deposited barrels of chemicals from leaking. During the period Hooker Chemical used the dump over 21,000 tons of chemical waste. Later on, the company sold the land to the Niagara Falls School Board for $1.00. Immediately afterwards, a series of winters which brought heavy rainfall lead to the leeching of chemicals into creeks, basements, backyards, and the school playground. Consequently, President Jimmy Carter realizing the graveness of the situation, called for a state of emergency, leading to the evacuation of 239 families.2 After the Love Canal Disaster, politicians and the general public alike were... [tags: industrial waste, laws]
1431 words (4.1 pages)
- There is a strict distinction between acts and omissions in tort of negligence. “A person is often not bound to take positive action unless they have agreed to do so, and have been paid for doing so.” (Cane.2009; 73) The rule is a settled one and allows some exceptions only in extreme circumstances. The core idea can be summarized in “why pick on me” argument. This attitude was spectacularly demonstrated in a notoriously known psychological experiment “The Bystander effect” (Latané & Darley.... [tags: The Bystander Effect]
882 words (2.5 pages)
- Employer’s Liability. Employer’s liability is a section of Tort Law that deals with the liability, employers’ have for occupational injuries to their employees arising from their negligence. At the start there was a slow start to impose liability in negligence on employers in relation to injuries to their employees. This meant there was little protection for employees within their workspace in respect to health and safety. Employer’s liability didn’t occur until the early part of the nineteenth century.... [tags: common laws jurisdiction]
1335 words (3.8 pages)
- The first point to note when analysing occupiers’ liability is that originally it was separate to the general principles of negligence which were outlined in Donoghue v Stevenson .The reason for this “pigeon hole approach” was that the key decision of occupiers’ liability, Indermaur v Dames was decided sixty six years prior to the landmark decision of Donoghue v Stevenson . McMahon and Binchy state the reason why it was not engulfed into general negligence, was because it “… had become too firmly entrenched by 1932 … to be swamped by another judicial cross-current” Following on from Indermaur v Dames the courts developed four distinct categories of entrant which I will now examine in tu... [tags: neighbour principle,liability act 1957]
1692 words (4.8 pages)