Download - Lecture 5 - SGDU6043 - Liability of Schools and Negligence of Teachers.pptx

8/10/2019 Lecture 5 - SGDU6043 - Liability of Schools and Negligence of Teachers.pptx

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Responsibilities of Teachers as stated in the

teachers Code of Ethics

We teachers of Malaysia, believe that the

primary purpose of education is to develop

enlightened, loyal, responsible and able

students who will recognize the supreme

importance of the pursuit of truth and

aspiration to excellence, and will believe in

democracy, the freedom of the individuals andthe Principles of the National Ideology, the

Rukunegara.


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Cont

We therefore adopt the following Code of

Ethics as our guide to enable us to practise our

profession according to the highest ethical

standards:

Responsibility to students

Responsibility to parents

Responsibility to society and the nation

Responsibility to colleges and the profession


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Law of Tort (definition)

Tortious libility arises from the breach of a

duty primarily fixed by the law, the duty is

towards persons generally and its breach is

redressible by an action for unliquidated

damages.

(Windfield)


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Tort menerangkan soal tuntutan dan dakwaan

berkaitan kerugian, kecederaan dan kesakitan.

(Abd Ghani 1985)

Peranan undang-undang Tort adalah

menentukan soal-soal liabiliti dan ganti rugi

yang dituntut dalam kesalahan sivil.


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Kecuaian atau negligencesebagai Tort adalah

perlanggaran kewajipan undang-undang untuk

berjaga-jaga oleh defendan yang

mengakibatkan kerosakan yang tidak

diinginkan kepada plantif.

(Roger, W.V.H, 1994)


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Definition of Negligence

Negligence is defined as the breach of a legal

duty to take care which results in damage,

undesired by the defendant, to the plaintiff.

(Windfield and Jolowicz on Tort)


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The Ingredients of Negligence

a legal duty on the part of A towards B to

exercise care in such conduct of A as falls

within the scope of the duty

Breach of that duty

Consequential damage to B

Proximity to the cause of injury


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Teacher Negligence :

is related to physical harm or injury to

students

Educational Negligence :

Failure of the teacher to educate his students


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3 situation where students are exposed to

injury

When the teacher exposes his student to

dangerous activities and he himself neglects

the aspects of safety.

When the teacher does not take preventive

measures to avoid injury to students.

When the teacher does not give clear

instructions especially in activities which

might cause injury.


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In loco parentis

In loco parentis is a legal responsibility of a

person or organization to take care on some of

the functions and responsibility of a parent.


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Objectives of The Law of Tort

It seeks to compensate victims for injuries,

suffered by the culpable action or inaction of

others

It seeks to shift the cost of such injuries to the

person or persons who are legally responsible

for inflicting them.


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Objectives of The Law of Tort /

It seeks to discourage injurious, careless, and

risky behaviour in the future

It seeks to vindicate legal rights and interests

that have been compromised, diminished, or

emasculated


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Cases related to negligence

Mohd Raihan bin Ibrahim & Anor v

Government of Malaysia & Ors

Yogeswari Nadarajah & Anor v Government of

Malaysia

Jumat bin Mohamed & Anor v Government of

Malaysia & Ors

Zazlin Zahira Hj. Kamarulzaman v Louis Marie

Neube Rt. Ambrose a/l Ambrose & Ors.

Etc

Download - Lecture 5 - SGDU6043 - Liability of Schools and Negligence of Teachers.pptx

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