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Legal Liability Common law negligence Statutory obligations.

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Presentation on theme: "Legal Liability Common law negligence Statutory obligations."— Presentation transcript:

1 Legal Liability Common law negligence Statutory obligations

2 Common Law Negligence 1.Duty of care 2.Breach of the duty of care 3.Causation 4.Remoteness 5. Defences

3 Common Law Negligence Duty of care Reasonable foreseeability Proximity

4 Common Law Negligence Duty of care - foreseeability Warren v Haines not fanciful proportional

5 Common Law Negligence Duty of care - foreseeability Giliauskas v Minister for Educ’n factors:age cost reasonable risk

6 Common Law Negligence Duty of care - proximity Donoghue v Stevenson - “neighbour” Richards v State of Victoria - “schoolmasters”

7 Common Law Negligence Duty of care - proximity Geyer v Downes outside of hours, primary playground before school instructed “no games”

8 Common Law Negligence Breach of the duty of care - Reasonable person test (special skills) likelihood of injury seriousness of injury effort required to remove the risk. utility of the conduct

9 Common Law Negligence Causation “But For” test

10 Common Law Negligence Remoteness Reasonable foreseaability of the kind/type of damage

11 Common Law Negligence Defences contributory negligence voluntary assumption of the risk

12 Common Law Negligence The school, vicarious liability and the “non-delegable duty of care”

13 Common Law Negligence Who gets sued? Insurance - school - Union Criminal negligence

14 Statutory Obligations OHS Act 2004

15 OHS Act s.25 Reasonable care – self Reasonable care – others Not intentionally or recklessly interfere or misuse

16 “Be Reasonable” Follow school policy Identify risks Raise concerns in writing Print out & keep records Up-date your knowledge


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