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Introduction To Law Essay

1032 words - 5 pages

a) This is a case filed at the Court of Appeal and follows a judgment passed by the trial judge that the appellant should compensate the respondent $318,288 in damages[1]. The respondent had brought a claim in negligence following an incident at the State High School on 5 December 2008 whereby he was assaulted by a student and sustained injuries leading to brain damage[2]. The allegations presented forward were that the school has failed to provide the teachers and the staff with the right information regarding T’s tendency towards violence even with minor provocation[3]. This was based on an earlier event 6 weeks ago whereby T was involved in another similar altercation with another ...view middle of the document...

While the attack and insult might have taken place, the appellants argued that the issue of causation had not been considered during the trial hearing[10]. The issues raised by the appellant included the issue of teacher’s familiarity with the assessment of student T, the understanding of the situation, and the circumstances that existed in the learning classroom before the incident took place. Such issues were raised to examine the nature of the case, and the events leading to the incident as argued on behalf of the appellant[11].
c) The respondent presented claims against the appellant for breach of duty of care leading to the respondent’s injury. The focus is that following the serious assault incident 6 weeks ago, the principal failed to formally inform the Head of Welfare, Ms Edgar[12]. With such negligence and failure to consider the possible issues that might arise from the situation, it was argued for the respondent that there was the need to undertake the necessary considerations and provide the relevant compensations for the damage. The other argument is that, although the institution undertook various measures to ensure the student did not repeat the same mistake again, the strategies were ineffective because they could not deter the student from such practices and the reason he went ahead to attack another student[13].
d) The Court of Appeal went ahead to allow for the appeal following the issues and arguments presented on the behalf of the appellant. The appeal was allowed based on the two issues presented against the verdict given by the trial judge[14]. The Court of Appeal also entered judgement for the plaintiff to pay the defendant’s costs and the respondent to pay the costs of the appellant on the appeal[15]. From this case, it was concluded that the respondent failed to establish the relevant factual causation for the first case and therefore the judgment presented by the trial judge was purely erroneous. That being the case, the appeal would be allowed thereby allowing for a verdict on the side of the...

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