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Legal Liability

Legal Liability. Common law negligence Statutory obligations. Common Law Negligence. 1. Duty of care 2. Breach of the duty of care 3. Causation 4. Remoteness 5. Defences. Common Law Negligence. Duty of care Reasonable foreseeability Proximity. Common Law Negligence.

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Legal Liability

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  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 2004 OHS Act 2004 - 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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