The Social Effects Of The Laws On The Liability Of Teachers Essay

The Social Effects Of The Laws On The Liability Of Teachers Essay

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The social effects of the laws regarding the liability of teachers is an important thing to consider as laws are instigated to protect people and so if they are not being as beneficial as possible to all those involved as well as the surrounding community, then they need to be reviewed. Liability claims against teachers more often than not result in avoidable court costs and the judge deeming the teacher not liable for the injury of the child. This is why it is not particularly advantageous for the family of an injured student to follow up the claim in court.

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...

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... 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.

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