LAW401- ASSIGNMENT 1
ASHANDRIA NAIDOO- 191795
MAY 4, 2023
, Case law- negligence
In according to negligence this is brought forward against a teacher or board of education
if a duty was not carried out correctly and where failure to care for a student caused harm
towards a student of injury, thus leaving omission to properly care for a learner whilst in
the hands of the school. The educator needs to supervise his learners during school
activities as the learner is entitled to protection ensuring his welfare because of his
physical dependence on adults (Bondesio, 1995:34). Although Van Wyk (1991:95) states
that in such circumstances an exceptional degree of care is expected of persons with
exper1 knowledge, he also points out that educators and education authorities are not held
liable for learner injuries in cases where negligence (cf. 3.3.3.1 and 3.3.3.2) cannot be
proven. In this essay I will discuss negligence in a legal context, I will also mention the
relevant law, consult legislation and the case law. I will also include academic articles.
Negligence is a failure to exercise appropriate and/or ethical ruled care expected to be
exercised amongst specified circumstances. The area of tort law known as negligence
involves harm caused by failing to act as a form of carelessness possibly with extenuating
circumstances.
In the case of simple negligence there is carelessness or plain incompetence which
causes loss or injury to another person. However, in the context of penal offenses there is
a word of conscious negligence which could cause loss or injury to another person or
persons by the act of the said person or persons. Therefore, even if there is no intention or
preparation or conscious planning or wilful execution of the offence but it is still held to be
a crime of gross negligence as there was failure to understand the liability of causing such
an offence. In such cases the punishment is generally less severe, but it is held to be an
offence. Therefore, in the face of case law. Case laws are very important because it
provides legal reference in our country. Hence case laws are needed in every court to
validate your legal point in order to make your point to be considered by the court of law.
Law is all about interpreting the statutes with the circumstantial evidence. Case laws are
very important submissions as it is precedent which interprets the law with changing
society. Whenever law is framed then the conditions are X. But with the changing society it
ASHANDRIA NAIDOO- 191795
MAY 4, 2023
, Case law- negligence
In according to negligence this is brought forward against a teacher or board of education
if a duty was not carried out correctly and where failure to care for a student caused harm
towards a student of injury, thus leaving omission to properly care for a learner whilst in
the hands of the school. The educator needs to supervise his learners during school
activities as the learner is entitled to protection ensuring his welfare because of his
physical dependence on adults (Bondesio, 1995:34). Although Van Wyk (1991:95) states
that in such circumstances an exceptional degree of care is expected of persons with
exper1 knowledge, he also points out that educators and education authorities are not held
liable for learner injuries in cases where negligence (cf. 3.3.3.1 and 3.3.3.2) cannot be
proven. In this essay I will discuss negligence in a legal context, I will also mention the
relevant law, consult legislation and the case law. I will also include academic articles.
Negligence is a failure to exercise appropriate and/or ethical ruled care expected to be
exercised amongst specified circumstances. The area of tort law known as negligence
involves harm caused by failing to act as a form of carelessness possibly with extenuating
circumstances.
In the case of simple negligence there is carelessness or plain incompetence which
causes loss or injury to another person. However, in the context of penal offenses there is
a word of conscious negligence which could cause loss or injury to another person or
persons by the act of the said person or persons. Therefore, even if there is no intention or
preparation or conscious planning or wilful execution of the offence but it is still held to be
a crime of gross negligence as there was failure to understand the liability of causing such
an offence. In such cases the punishment is generally less severe, but it is held to be an
offence. Therefore, in the face of case law. Case laws are very important because it
provides legal reference in our country. Hence case laws are needed in every court to
validate your legal point in order to make your point to be considered by the court of law.
Law is all about interpreting the statutes with the circumstantial evidence. Case laws are
very important submissions as it is precedent which interprets the law with changing
society. Whenever law is framed then the conditions are X. But with the changing society it
