Page 45 - Mini-Module 9

The Law of Negligence in Schools

Negligence as a tort exists when there is a breach of a legal duty to
take care which results in damage, undesired by the defendant, to the
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plaintiff . Therefore the necessary elements of the tort include:

● a duty of care owed by one person to another in the particular
context

● the party liable must have fallen below the standard of behaviour
expected of it in exercising that duty of care in that particular
context

● damage must have been caused as a result of the breach of the
duty of care

There can be negligence arising out of doing something, doing
something badly, or failing to do something, or failing to advise or warn
of potential risks or to stop someone from causing harm to himself.
Intention is generally irrelevant.

It is possible for several persons to be collectively responsible for the
consequences of the negligent act or series of acts. It is also common
foe employers to be vicariously liable for the negligence of their staff
committed in the course of their duties.

There can be a claim for negligence against the headmaster and

teachers for breach of the duty to take such steps as are necessary to
deal with the underperformance of a student. In X v Bedfordshire
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County Council the court held that a school which accepts a student
assumes a duty to exercise skill and care in advising on educational

needs. The principal must render professional advice in the same way
that a doctor, lawyer or other professional does, and is under much the
same duty of care. A principal who has rendered wrong advice can be

held negligent.

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