...TITLE: LIABILITY OF THE SCHOOL FOR STUDENT INJURY ARISING OUT OF ACTS OR OMISSIONS OF TEACHERS, INSTRUCTORS, PROFESSORS, AND SCHOOL OFFICIALS: SOME LEGAL BASES PRESENTER: LUZVIMINDA E. REYES SUBJECT: EDUCATION 205- THE LAW AND THE SCHOOL PROFESSORIAL LECTURER: DR. PITSBERG B. DE ROSAS ------------------------------------------------- I. Introduction The relation between teachers and student or employer and his employee or apprentice originates from the old relationship between the master and the artisan or craftsman. In the past, teachers were more authoritarian. However, today, such a concept is no longer true because student now have more automy. The principle of en loco parentis according to which teachers become surrogate parents of the students or pupils in the school. The power of en loco parentis should not be interpreted literally. This is because the authority of parents over children according to the law is only while in the age of minority while the authority of teachers and schools over students has no limit as to age. They are under the supervision of the school. He put himself under the proto active custody and supervisory and custodial power of the school. It is for this reason that the power of the school is made responsible for there can be no responsibility...
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...OF GRADUATES STUDIES Catbalogan City Course : MAEd - Educational Management Subject : School Legislation Professor : Reporter : Marichu J. Labra Term : Summer, 2016 Topics : 1. Liability of the School for Students Injury Arising Out of Acts or Omissions of Teacher, Instruction, Professor, and School Officials : Some Legal Bases 2. Duties and Obligations of Teachers, students, School Officials and Personnel and the School Personnel : Some Legal Bases 3. Rights and Privileges of Parents, Students in School, Teachers and Academic Staff, and School Officials and Personnel and the School itself: Some Legal Bases ________________________________________________________________________ School Liability for Torts * En loco parentis- teachers become the surrogate parents of the students or pupils in schools (no limit of age) * It is based on Article 2180 and Article 2176 of the Civil Code of the Philippines. Art. 2180 (Civil Code) * The obligation imposed by article 2176 is demandable not only for one’s own acts or omissions, but also for those of persons for whom one is responsible. * Teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody. Article 2176 (Philippine Civil Code) * “Whoever, by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done...
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...Professor Topic: Liability of the School for Student Injury Arising Out of Acts of Omissions of Teachers, Instructors, Professors, and School Officials: Some Legal Bases It would be rare for a teacher to face criminal charges but it could happen if a teacher had an intention to harm or acted recklessly to a student. Factors affecting the teachers’ patience are the size of the enrollment in many of our educational institutions, academic and non-academic, as well as the temper, attitudes and often destructive activism of the students, to hold their teachers and/or the administrative heads of the schools directly liable for torts committed by them. In this topic, I learned about the principle of en loco parentis where teachers become surrogate parents of the students in the school. It marks the idea of automatically the teacher became responsible if the student suffers injury in school or in their period of time where the teacher is in charge of the class. I agreed on the argument that education authorities, school heads and teachers need to understand the law particularly on the school and teachers’ liability. The student injury arises from acts of omissions and negligence of teachers and what must be proved against them to at least reduce the potential for successful litigation by student’s parent. In our country, it is worth noting that almost all cases are settled out of court particularly on minor injuries. The teacher defendant accepts liability and agrees to...
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...resulting from the negligent operation by a managerial employee of a company-issued vehicle. The antecedents, as succinctly summarized by the Court of Appeals, are as follows: On 28 August 1988, at around 1:30 to 2:00 in the morning, Romeo So Vasquez, was driving a Honda motorcycle around Fuente Osmea Rotunda. He was traveling counter-clockwise, (the normal flow of traffic in a rotunda) but without any protective helmet or goggles. He was also only carrying a Students Permit to Drive at the time. Upon the other hand, Benjamin Abad [was a] manager of Appellant Castilex Industrial Corporation, registered owner [of] a Toyota Hi-Lux Pick-up with plate no. GBW-794. On the same date and time, Abad drove the said company car out of a parking lot but instead of going around the Osmea rotunda he made a short cut against [the] flow of the traffic in proceeding to his route to General Maxilom St. or to Belvic St. In the process, the motorcycle of Vasquez and the pick-up of Abad collided with each other causing severe injuries to the former. Abad stopped his vehicle and brought Vasquez to the Southern Islands Hospital and later to the Cebu Doctors Hospital. On September 5, 1988, Vasquez died at the Cebu Doctors Hospital. It was there that Abad signed an acknowledgment of Responsible Party (Exhibit K) wherein he agreed to pay whatever hospital bills, professional fees and other incidental charges Vasquez may incur. After the police authorities had conducted the investigation of the accident...
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...was confronted by Salach and her dog. She was holding the dog's leash at the time. Most times, the dog was chained to its doghouse on the defendants' property. However, on this particular day, Lewis arrived on the property, startling Salach and the dog. Salach asked Lewis to identify himself, received no response, and then warned him that the dog did not like strangers and to be careful. Lewis saw the defendant speaking, but claimed he couldn't hear her as the dog was barking. He tried to pet the dog and then tried to move out of the dog's range when the dog bit his hand. Prior to this incident, the dog had never attacked, bitten, or lunged at strangers, and there was no evidence of complaints from neighbours or friends. Lewis brought an action for damages, but his action was dismissed. For Discussion 1. Why did Lewis bring an action against the defendants . Lewis believed he was entitled to damages for the injury he suffered when the dog bit his hand. 2. Summarize the conflicting evidence. Lewis claimed that the defendants should have taken greater care to protect strangers from the dog. Although the dog was being held on a leash, Lewis felt that the defendants should have had the dog chained. Finally, he was only trying to be friendly and pet the dog. The defendants would argue that Lewis was a stranger on their property, that he was asked to identify himself...
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...PER SE) i) Applicability of Statute ii) Effect of Statute g) Proof of Negligence i) Court and Jury: Circumstantial Evidence ii) RES IPSA LOQUITUR 4) CAUSATION IN FACT (11 - 12) a) Sine Qua Non b) Proof of Causation c) Concurrent Causes d) Problems Determining Who Caused the Harm 5) PROXIMATE CAUSE (12 - 14) a) Unforeseeable Consequences b) Intervening Causes c) Public Policy d) Shifting Responsibility 6) JOINT TORTFEASORS (14 - 17) a) Liability and Joinder of Defendants b) Satisfaction and Release c) Contribution and Indemnity d) Apportionment of Damages 7) DUTY a) b) c) d) e) OF CARE (17 - 19) Privity of Contract Failure to Act Pure Economic Loss Emotional Distress Unborn Children 8) OWNERS AND OCCUPIERS OF LAND (19 - 21) a) Outside the Premises b) On the premises 1) Trespassers 2) Licensees 3) Invitees 4) People outside the established Categories i) Children ii) Persons Privileged to enter outside of Owners consent iii) Rejection or merging of Categories c) Lessor and Lessee 9) DAMAGES (21 a) Personal b) Physical c) Punitive 22) Injuries Harm to Property Damages 10) WRONGFUL DEATH AND SURVIVAL (22) a) Wrongful Death b) Survival 11) DEFENSES (22 - 24) a) Plaintiffs Conduct 1) Contributory Negligence 2) Comparative Negligence 3) Assumption of Risk i) Express ii) Implied b) Statutes of Limitation and Repose 12)...
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...PER SE) i) Applicability of Statute ii) Effect of Statute g) Proof of Negligence i) Court and Jury: Circumstantial Evidence ii) RES IPSA LOQUITUR 4) CAUSATION IN FACT (11 - 12) a) Sine Qua Non b) Proof of Causation c) Concurrent Causes d) Problems Determining Who Caused the Harm 5) PROXIMATE CAUSE (12 - 14) a) Unforeseeable Consequences b) Intervening Causes c) Public Policy d) Shifting Responsibility 6) JOINT TORTFEASORS (14 - 17) a) Liability and Joinder of Defendants b) Satisfaction and Release c) Contribution and Indemnity d) Apportionment of Damages 7) DUTY a) b) c) d) e) OF CARE (17 - 19) Privity of Contract Failure to Act Pure Economic Loss Emotional Distress Unborn Children 8) OWNERS AND OCCUPIERS OF LAND (19 - 21) a) Outside the Premises b) On the premises 1) Trespassers 2) Licensees 3) Invitees 4) People outside the established Categories i) Children ii) Persons Privileged to enter outside of Owners consent iii) Rejection or merging of Categories c) Lessor and Lessee 9) DAMAGES (21 a) Personal b) Physical c) Punitive 22) Injuries Harm to Property Damages 10) WRONGFUL DEATH AND SURVIVAL (22) a) Wrongful Death b) Survival 11) DEFENSES (22 - 24) a) Plaintiffs Conduct 1) Contributory Negligence 2) Comparative Negligence 3) Assumption of Risk i) Express ii) Implied b) Statutes of Limitation and Repose 12)...
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...BACKGROUND Because this is an appeal from the denial of a motion for summary judgment, we construe the evidence in the light most favorable to Poe, the non-moving party. See, e.g., Goldberg v. Cablevision Sys. Corp., 261 F.3d 318, 324 (2d Cir.2001). I. Factual Background A. The Filming of the Trooper Candidate Testing Videos At some time during the fall of 1992, several administrative officials of the Connecticut State Police ("CSP") and the Connecticut Department of Administrative Services began to revise the testing procedures for trooper candidates at the CSP Training Academy ("police academy"). Captain Leonard, who had just assumed command of the CSP Bureau of Selections and Training,[1] supervised this ongoing project along with Dr. Martin Anderson ("Dr. Anderson"), the Chief Personnel Psychologist for the State of Connecticut. A particular focus of this project was the development 127*127 of several testing videos, designed to screen out those trooper candidates with poor observational and communicative skills. In essence, trooper candidates would be required to view a videotaped scene of a crime or other representative "real life" scenario that CSP officers typically confront and then to explain what they had observed. As originally planned, the video scenes would include a variety of circumstances: a depiction of a person driving while intoxicated, a man with a weapon who stops and robs a victim, a simple trespass, a "static" crime scene, and a scene with a distraught...
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...Preface There is no doubt that we are in the midst of a great revolution in the history of women. The evidence is everywhere; the voice of women is increasingly heard in Parliament, courts and in the streets. While women in the West had to fight for over a century to get some of their basic rights, like the right to vote, the Constitution of India gave women equal rights with men from the beginning. Unfortunately, women in this country are mostly unaware of their rights because of illiteracy and the oppressive tradition. Names like Kalpana Chawla: The Indian born, who fought her way up into NASA and was the first women in space, and Indira Gandhi: The Iron Woman of India was the Prime Minister of the Nation, Beauty Queens like Aishwarya Rai and Susmita Sen, and Mother Teresa are not representative of the condition of Indian women. Over 32000 murders, 19,000 rapes, 7500 dowry deaths and 36500 molestation cases are the violent crimes reported in India in 2006 against women. There are many instances of crime especially against women go unreported in India. These are figures released by the National Crime Records Bureau recently. While Madhya Pradesh is worst off among the states, the national capital New Delhi continues to hold on to its reputation of being the most unsafe city in India. Delhi takes the top slot for crimes ranging from murders and rapes to dowry deaths and abductions. It reflects country's law and order situation when its capital is a cauldron of crime. Instead...
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...REPUBLIC ACT NO. 386 AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES PRELIMINARY TITLE CHAPTER 1 Effect and Application of Laws Article 1. This Act shall be known as the "Civil Code of the Philippines." (n) Article 2. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication. (1a) Article 3. Ignorance of the law excuses no one from compliance therewith. (2) Article 4. Laws shall have no retroactive effect, unless the contrary is provided. (3) Article 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. (4a) Article 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law. (4a) Article 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. (5a) Article 8. Judicial decisions applying or interpreting the laws or...
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...practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The author expounds on the roles of jurists, who reasoned about the law, and of judges and others who administered justice; on how different legal schools came to be established, and on how a moral law functioned in early Muslim society generally. The second part explains how the law was transformed and ultimately dismantled during the colonial period. As the author demonstrates, this rupture necessitated its reinvention in the twentiethcentury world of nation-states. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms and lists for further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and its history. w a e l b . h a l l a q is James McGill Professor in Islamic Law in the Institute of Islamic Studies at McGill University. He is a worldrenowned scholar whose publications include The Origins and Evolution of Islamic Law (Cambridge, 2004), Authority, Continuity and Change in Islamic Law (Cambridge, 2001) and A History of Islamic Legal Theories (Cambridge, 1997)...
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...determine what international legal requirements or regulatory controls apply. | Topics for This Week's Discussion * Introduce yourself to your professor and the rest of the class. (not graded) * Thread over TCO A/I (graded) * Ethics and Patent Rights Post 9/11 (graded) * Q & A Forum for your questions and comments (not graded) | | There is a drop down arrow next to the "Select a Topic" box. Click on this arrow to select topics for discussion. | ------------------------------------------------- Top of Form Select a Topic: Bottom of Form The World Bank Situation (graded) | Class, please read Chapter 2, problem 5 from the Jennings text, p. 72. This week, we will discuss the Wolfowitz situation at the World Bank. Consider the questions at the end of the problem as you make comments in the threads this week. What are the ethics here? Was Wolfowitz trying to do the right thing? Does that make a difference ethically? Throughout the week, I will bring in further questions. Be sure to read the lecture and the international ethics article stated in your reading for the week as well. | Collapse All | Show Options | sort by: response | author | date | read | unread ------------------------------------------------- Top of FormBottom of Form | | Responses | Author | Date & Time | | Dwight Elliott | 9 Apr 11 10:37 PM MST | | Professor Introduction: Chapter 1: Introduction to Law & Legal Reasoning (PLEASE READ) ...
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...Kristine D. Medairos BSIT-III Presidential Decree No. 442, s. 1974 MALACAÑANG Manila PRESIDENTIAL DECREE No. 442 As Amended By Presidential Decrees Nos. 570-A, 626, 643, 823, 819, 856-A, 891, 1367, 1368, 1391, 1412, 1641, 1691, 1692, 1693, 1920, 1921 Mga Batas Pambansa Blg. 32, 70, 130 and 227 Executive Orders Nos. 47, 111, 126, 179, 180, 203, 247, 251, 252, 307 and Republic Acts Nos. 6640, 6657, 6715, 6725 and 6727 A DECREE INSTITUTING A LABOR CODE, THEREBY REVISING AND CONSOLIDATING LABOR AND SOCIAL LAWS TO AFFORD PROTECTION TO LABOR, PROMOTE EMPLOYMENT AND HUMAN RESOURCES DEVELOPMENT AND ENSURE INDUSTRIAL PEACE BASED ON SOCIAL JUSTICE. Preliminary Title Chapter 1 EMANCIPATION OF TENANTS Article 7. Statement of objectives. Inasmuch as the old concept of land ownership by a few has spawned valid and legitimate grievances that gave rise to violent conflict and social tension and the redress of such legitimate grievances being one of the fundamental objectives of the New Society, it has become imperative to start reformation with the emancipation of the tiller of the soil from his bondage. Article 8. Transfer of lands to tenant workers. Being a vital part of the labor force, tenant-farmers on private agricultural lands primarily devoted to rice and corn under a system of share crop or lease tenancy whether classified as landed estate or not shall be deemed owner of a portion constituting a family size farm of five hectares if not irrigated and three hectares if irrigated...
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...however, was never published and later expressly repealed; WHEREAS, the effectiveness of the Government will be enhanced by a new Administrative Code which incorporates in a unified document the major structural, functional and procedural principles and rules of governance; and WHEREAS, a new Administrative Code will be of optimum benefit to the people and Government officers and employees as it embodies changes in administrative structures and procedures designed to serve the people; NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by the powers vested in me by the Constitution, do hereby promulgate the Administrative Code of 1987, as follows: INTRODUCTORY PROVISIONS SECTION 1. Title. — This “Administrative Code of 1987.” Act shall be known as the SECTION 2. General Terms Defined. — Unless the specific words of the text, or the context as a whole, or a particular statute, shall require a different meaning: (1) Government of the Republic of the Philippines refers to the corporate governmental entity through which the functions of government are exercised throughout the Philippines, including, save as the contrary appears from the context, the various arms through which political authority is made effective in the Philippines, whether pertaining to the autonomous regions, the provincial, city, municipal or barangay subdivisions or other forms of local government. (2) National Government refers to the entire machinery of...
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...REGISTRATION STATEMENT PURSUANT TO SECTION 12(b) OR (g) OF THE SECURITIES EXCHANGE ACT OF 1934 OR ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended 30 June 2013 OR o TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 OR o SHELL COMPANY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission File Number 001-35627 MANCHESTER UNITED plc (Exact name of Registrant as specified in its charter) Not Applicable (Translation of Company's name into English) Cayman Islands (Jurisdiction of incorporation or organization) Sir Matt Busby Way, Old Trafford, Manchester, England, M16 0RA (Address of principal executive offices) Edward Woodward Executive Vice Chairman Sir Matt Busby Way, Old Trafford, Manchester, England, M16 0RA Telephone No. 011 44 (0) 161 868 8000 E-mail: ir@manutd.co.uk (Name, Telephone, E-mail and/or Facsimile number and Address of Company Contact Person) Securities registered or to be registered pursuant to Section 12(b) of the Act. Title of each class Class A ordinary shares, par value $0.0005 per share Name of each exchange on which registered New York Stock Exchange Securities registered or to be registered pursuant to Section 12(g) of the Act. None Securities for which there is a reporting obligation pursuant to Section 15(d) of the Act. None Indicate the number of outstanding shares of each of the issuer's classes...
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