Eadm 15 310 072 Big Negli Mal
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The document discusses legal issues around negligence and liability in educational settings. It outlines the legal concepts of duty of care, standard of care using the "careful parent" and "competent instructor" tests, foreseeability, causation, assumption of risk, contributory negligence, and vicarious liability. It provides examples of court cases that address whether teachers were negligent in situations where students were injured. While educational malpractice suits have generally failed, the document discusses the technical and policy reasons for this.
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- We continue our discussion of teachers’ responsibility to “take care” of their students by considering issues relating to possible defenses to a negligence claim. We will also consider the question of “who pays?” when monetary compensation has been ordered by the court. In addition, we will consider the likelihood of educational malpractice becoming a source of negligence suits in the future. Finally, we will once again allow you to “be the judge” in assessing liability in several Canadian educational negligence cases.