Mr. x well De electrically ladle IT Nils action complies with the following requirements for dialectal liability: (1) To constitute a delicate, one person (egg the educator) must have caused harm or damage to another by his or her action or conduct. The conduct must be a voluntary human action and may be either a positive action Owe doing something) or an omission (IEEE failure to do something). (2) The act (conduct) which causes harm must be wrongful, that is, it must be legally reprehensible or unreasonable in terms of the legal convictions of the community. To test for unlawfulness, the Bonn mores Renville is applied.
The question here is whether the harm caused was unjustified in the circumstances. In the absence of wrongfulness (egg where there was no intention to harm) a defendant may not be held liable. 4 The act must be the result of fault in the form of intent (dolls) or negligence (culpa). Fault refers to the blameworthy attitude or conduct of someone who has acted wrongfully. (4) There is a causal link between the conduct of the perpetrator and the harm suffered by the victim. In general, it should be shown that the person’s injury did result from the actions of the person charged with negligence.
In other words, there must be a clear causal relationship between the act and the injury. A person cannot be liable if he or she has not caused any damage. (5) delicate is a wrongful and culpable act which has a harmful consequence. Damages (causing harm) in the form of patrimonial (material) loss or informational loss must be present. There must be a connection between the negligent conduct and the injury (physical or mental). To receive an award for damages, a plaintiff must have suffered an injury as a result of the defendant’s negligent conduct. The plaintiff must prove hat some damage occurred.
Although the injury or damage does not need to be substantial for an award to be ordered, the injury must be real rather than imagined. The courts are generally reluctant to award damages where there is not some form of injury. Educators may be found guilty of negligence if they fail to provide proper supervision fail to aid the injured or ill permit learners to play unsafe games fail to provide adequate instructions take unreasonable risks fail to organism field trips properly All these elements must be taken into consideration when answering the question. Ask questions such as, who was wrong, who is liable and why?
Support your answer with the requirements for dedicate liability as stated above. TOEHOLD/202 5 Question 2. 2 Comment on the possibility of “contributory fault” on the part of the learner. In this case negligence is one form of fault. A negligent educator might not be held liable if a learner contributed to the injury by his or her own negligence. In other words, if a learner fails to exercise the degree of care usually expected of a person of that age, knowledge and experience the court ay decide that owing to the learner’s contributory negligence/fault, the educator is not solely liable for damages resulting from an injury by his or her act.
Contributory negligence could be important in situations involving older learners, especially if such learners understand the full implications of their actions. On the other hand, young children cannot be expected to fully comprehend the consequences of some of their actions and behavior. Comments: ; There have already been a number of cases involving sport in South African legal history. The principles of the law of delicate apply to sport as they would to any other scenario in society.
This would relate to 3 possible areas, namely, personal injury, violence and spectator injury ; The law of delicate , is a section of private law. This branch of law deals with civil wrongs against another person that cause the injured party to go to court to seek compensation from the wrongdoer for damages. ; If an educator creates a potentially dangerous situation, and then fails to remove the danger, which then results in loss or damage being caused to another, he/she will be held liable for such loss or damage.
A legal duty rests on the educator to prevent the potential danger from becoming a real danger. ; A delicate has 5 key elements that must be present. These are: (a) An act; (b) Wrongfulness; (c) Fault; (d) Damage/Loss (e) Causation. Each of these elements must be present before a person can be held liable in delicate. 6 ; In participating voluntarily in a game, the victim therefore consents to the possibility of injury and limits the possibility of pursuing a dialectal claim. Thus, contributory negligence involves some form of fault (in the form of negligence) on the part of the injured errors.
The injured person failed to exercise the required standard of care for his or her own safety. Contributory negligence comes into play when conduct on the part of the injured person contributes to his or her injuries. When the court has to determine the damages, it will reduce the damages apportioned to the plaintiff in proportion to his or her own fault (e. G. Contribution to his or her own injuries) In conclusion , the law does not expect educators to anticipate every accident, but it does expect them to behave as reasonable people.