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Tort Law at SMCC

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Hannah Twine

on 13 November 2015

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Transcript of Tort Law at SMCC

In Tort Law
Giliauskas v. the Minister for Education
Precedent Case #2
Precedent Case #1
> Involved the Minister for Education being charged with negligence, due to lack of Duty of care due after an eight year old boy was attacked by a bear on a school excursion to the zoo.
> The teacher failed to provide adequate supervision, insufficient instructions given the age of the child and incident was reasonably foreseeable.
- In this case the school involved the death of a 15 year old boy after the school failed to report them missing during a school hiking and camping trip.
- The school breached
> Duty of Care
> due to poor communication, no response to weather change, inadequate parent/teacher ratios and inadequate risk management.

by; Hannah Twine
Why is there concern?
Issue- School Excursions
Legal Protection for Citizens
> The issue that will be the focus of this presentation is harm or injury occurring in school excursions, centered around the area of Tort Law negligence.

> Tort Law is defined as wrongs in civil law which are eligible for a lawsuit. These cases are brought to court because the incident that occurred harmed or injured one of the parties involved, and the injured party is seeking compensation for their injuries.

> Teachers owe a high Duty of Care to students
- Civil Liabilities Act (2003) Queensland
- Saint Mary's school policy and student protection
Tort Law at SMCC
- Tort Law is defined as wrongs in civil law which are eligible for a lawsuit.
- Areas of Tort Law
1. Intentional tort
2. Negligent tort
3. strict liability torts

- For a Schools to be liable for negligence
> the teacher or school owed a duty of care
> there was a breach of duty of care
> the breach caused the student to suffer loss or damage.
Is the current legal protection sufficient to protect stakeholders interests?
- In a negligence case the aim of the stakeholders is;
Plaintiff- receive compensation from harm or injury inflicted upon them due to negligence
Defendant- To compensate the victims injury's or appeal to be found not guilty of breaching the students duty of care.

- Injury or harm occurring at school excursions is a serious issue within schools.
- To stop an incident of negligence occurring at Saint Mary’s teachers need to be taught processes and educated about better supervision in order to keep a high standard of Duty of Care.
- As students and teachers have a proximity there is a large Duty of Care they have to uphold.
- As court proceeding, especially those that aren’t in forms of mediation or negotiation can be costly on schools and students alike, by increasing the duty of care the teacher and schools will not be liable even if an incident occurs.

Recommendations to protect Stakeholders
Full transcript