Litigation in today's society, especially school.

Essay by EeezyHDHigh School, 11th gradeC+, February 2012

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Civil law is prominent in all areas of society including education, professionals are being held accountable for their actions as more students and parents are aware to their rights. This has led to an increase in civil law; more parents are spending more time to go through the civil law process to acquire compensation. The process of negligence, and whether it could arise in your school shall be breached, the laws governing this are subtle and need to be fully understood. The school oval for instance is a place in which students may be hurt at break times, one student could tackle another and injure them, and this is a situation that a teacher may face in a process of civil law even though the student does know that tackle is not allowed. Negligence in the form of physical injury is one aspect of civil law, in which a teacher may face.

It is suggested that it is the most likely reason a teacher will face legal action. It is therefore of great importance that teachers and school authorities as you are aware of how the tort of negligence operates and how to prevent legal action ever becoming. The school premises is a pit of potential legal hazards, the area that has been brought to attention is the school fields.

The tort of negligence is "a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm." This means that an educational institute such as you owes a care to all students amongst the grounds, so any activity that a student may do, and any activity there is a foreseeable risk of injury is a potential civil law case. One...