...career, the only injury that he suffered from was a broken tibia in sixth grade (Louis Suarez Dep. 1). During the summer of 2015, Louis Suarez participated in a training program for The Overachiever Valley High School soccer team. Every summer, the soccer-training program is held for players who want to display their talent to the head coaches to prove that they belong on the varsity team. Even though these practices are not within the soccer season, the head coach, Leona Messi sends out emails about summer practices from her school email (Louis Suarez Dep. 1). Based on the emails it was clear that the players were running them, but it was also clear that the practices were part of the school soccer program (Ronaldo Suarez Dep. 1). Before the practices, Coach Messi did not inform the team captains to keep an eye out for concussions (Messi Dep. 6). On August 12th, 2015, Louis Suarez along with his fellow teammates began warming up and performed shooting drills. After completing warm ups and drills, the team proceeded to have a scrimmage. During the...
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...The court will likely hold Penn State University is liable for negligence actions on the sexual harassment to young children by its former assistant football coach Jerry Sandusky. Under the common law, negligence is defined as failure to exercise ordinary care and caution as would be expected by a reasonably prudent person. Therefore, in order to establish a cause of action in negligence, the plaintiff must show (1) a duty on the part of defendant, (2) a breach of that duty, and (3) an injury or damage proximately resulting from the breach. The first element that a duty on the part of defendant to protect the plaintiff is sufficiently met. According to the law, the owner or operator of a sport or recreation business owes a duty to keep the premises safe for all who enter the facility or premises. The incident occurred on Penn State campus. As the owner, the university is imposed a duty of care to individuals coming to the land. The second and third requirements, that the university breaches that duty and the breach was the proximate cause of children’s damages, are in question. The plaintiff will likely be able to charge that Penn State failed to exercise control over coaching staff. In loco parentis doctrine, the relationship between a student athlete and a school is unique and special. School authorities stand “in place of the parents” and the relationship involves a mutual dependence and control by colleges over student-athletes’ lives. Thus a heightened duty...
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...| | ASSIGNMENT COVER SHEET(adapted for LAW1100 major essay submission purposes) | UNITCode: LAW1100TITLE: Legal Framework I | NAME OF STUDENT (PRINT CLEARLY) fisher shane FAMILY NAME FIRST NAME | STUDENT ID. NO.10104032 | NAME OF LECTURER (PRINT CLEARLY)brad moore | DUE DATE18/4/2011 | Topic of assignmentDuty of Care IN THE LAW OF NEGLIGENCE | Group or tutorial (if applicable) | Courselegal framework 1100 | Campusmt lawley | I certify that the attached assignment is my own work and that any material drawn from other sources has been acknowledged. Copyright in assignments remains my property. I grant permission to the University to make copies of assignments for assessment, review and/or record keeping purposes. I note that the University reserves the right to check my assignment for plagiarism. Should the reproduction of all or part of an assignment be required by the University for any purpose other than those mentioned above, appropriate authorisation will be sought from me on the relevant form. | OR, if submitting this paper electronically as per instructions for the unit, place an ‘X’ in the box below to indicate that you have read this form and filled it in completely and that you certify as above. Please include this page in/with your submission. Any electronic responses to this submission will be sent to your ECU email address (or, where relevant, the digital dropbox for the Blackboard site for LAW1100).Agreement X ...
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...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. Such fault or negligence, if there is no pre-existing contractual...
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...this paper I also have to discuss what are the conditions for the duty of care? As well as what is “negligence”? The most important thing is to articulate ‘What are the implications for your practice as a teacher from these understandings? Lastly I will end the paper by discussing’ in what ways is teaching important? What are your values, beliefs and current philosophy concerning teaching and learning? Care of duty The Wikipedia define the concept as a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others (En.wikipedia.org, 2017). In simple terms all...
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...legal issues, case law, and arguments, are investigated as a parent of a special needs student fosters a complaint that her daughter is subjected to harassment on the school bus by fellow students. This case study questions whether the lack of concern from the bus driver and negligence from the school district was the essential catalyst of her daughters’ harassment, torment, and sexual abuse. After several incidents of unsupervised abuse, the mother criticized the school bus driver the harassment rendered; however, there was little to none action taken against the other students that ultimately elevated her blouse and exposed her bare breasts. The legal issues relevant to this case study are student harassment, negligence, abuse, tort liability; breach of duty, injury, and causation, and a distinct lack of concern from the school district. Special Need Student Case Summary/Evaluation You are the principal of an elementary school. It’s Monday morning and a parent of a special needs student complains that her daughter is being harassed on the school bus by fellow students because she has Down Syndrome. Students on the bus, including a couple of other special education students, are calling her dumb, slow, slope head, and other degrading names. Her daughter is crying each night and doesn’t want to return to school. The mother has complained to the bus driver before and he has done nothing. The last straw was that these same kids pulled her daughter’s blouse up and exposed her...
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...of the defendant, Chris LePuck. The plaintiff, Pat Dunn, an experienced hockey player, knowingly and voluntarily entered the hockey game in which he suffered severe injuries. By nature of the sport, hockey games require players to have contact with each other. Dunn had the responsibility to assume the risk when he entered the game. The plaintiff also failed to wear a helmet during the game making him negligent. Not only did the plaintiff fail to wear a helmet, he is also guilty of negligence because he punched LePuck in the face while Dunn had a hockey glove on his hand. It is well known in hockey that punching someone in the face with a hockey glove is equivalent to being punched in the face with brass knuckles. Since Dunn was negligent with his...
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...Into the Danger Analysis University of the Rockies When I first read the case study " into the danger zone", I thought it was a clean and cut case of the school being held liable for the accident that Lucy Overstreet had when she was diving into the pool during practice. After reading it the second time I realize that the school may not be the only one liable for her accident, but her as well. I say this because she did signed a form stating the risk that can occur from her being on the swim team and she could had left the swim team if she really felt uncomfortable and reported it to the principal what the coach has said to her when she wasn't ready compete in the relay where she had to dive off a starter block. The tort of negligence for this case study may not be easy to prove as one may think when you first read the study. The reason for this is because to prove tort of negligence all 5 elements of negligence has to be proven. The 5 see elements are duty, breach, cause-in-fact, proximate cause, and damages. However I will be looking at how if all the elements can be proven, I will start by looking at duty of the coach. The coach did not do its duty to protect Lucy from being injured at swim practice. The reason I would say this is because Lucy trainers and Lucy herself had told the swim coach that she needed more practice with her diving from the starter block into shallow water. And with this knowledge he did not change her position on the team but encourage to quit...
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...Section 343A of the Restatement provides: a possessor of land is not liable to his invitees for physical harm caused to them by any activity or condition on the land whose danger is known or obvious to them, unless the possessor should anticipate the harm despite such knowledge or obviousness. Sections 343 and 343A of the Restatement (Second) of Torts preclude liability for a possessor of land where an invitee is injured as a result of a condition whose danger is known or obvious to the invitee, unless the possessor anticipated the injury despite the invitee’s knowledge or the obviousness of the condition. Restatement (Second) of Torts §343A(1). As the cases below illustrate, where a danger is “open or obvious,” the possessor of land does not owe the invitee a duty to take precautions against or warn of open or obvious dangers. Under Pennsylvania law the assumption of the risk doctrine applies to absolve the landowner from liability for injuries sustained if the plaintiff: (1) knows of the risk or hazard, and (2) voluntarily proceeds in that activity. There is substantial uncertainty as to the status of the assumption of the risk doctrine in Pennsylvania. Which party bears the burden to establish these elements is currently the subject of debate in Pennsylvania courts....
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...children under the age of 14 from participating in any “contact sports”. The news about five 10-year-olds children suffered head injuries during a contact sport game in October of last year in central Massachusetts drawn lots of attention from concerned parents, medical professionals, lawmakers and media. Right on the evening of the same day, the National Public Radio raised the issue that children younger than 14 should not engage in any “contact sport” games. The term “contact sport” has confused the general public. Commonly, people would perceive contact sport as consisting of football, boxing, wrestling or hockey. However, the law has broader indication; the Title IX regulation defines: “contact sports includes boxing, wrestling, rugby, ice hockey, football, baseball and other sports the purpose or major activity of which involves bodily contact.” 34 C.F.R. §106.41(b). Though, Title IX left a huge gap where various courts would decide differently. The Wisconsin Supreme Court on Jan. 27, 2009 held that “cheerleading is not only a sport, but a ‘contact sport’”; therefore, schools, coaches and peers are immune from liability for injuries sustained as a result of the negligence. Neither the Title IX nor Wisconsin court mentioned or...
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...STUDY UNIT 10 LEGAL RESPONSIBILITIES IN PHYSICAL EDUCATION AND SPORTS COACHING 10.1 INTRODUCTION o educator is responsible for planning and conducting lessons and activities in a safe environment. o Physical educators need to be aware of safety factors and know about legal liability. o educator's legal responsibility concerns the issue of negligence. 10.2 LEGAL LIABILITY o educators are responsible for their learners' well-being o educator acts in “loco parentis” - expected to act like a diligent and sensible parent o educator must act in reasonable & responsible manner, respect welfare and safety of learner 10.3 ELEMENTS OF NEGLIGENCE o Negligence failure to act as a reasonably careful o Negligence may occur as result of failure to act when there is a duty to act. I o May occur by acting, but in an improper manner. o Four areas are relevant to the issue of negligence: (1) any action inappropriate to the line of duty (2) breach of duty (3) any action or event causing injury (4) proximate cause 10.4 WHERE NEGLIGENCE MAY OCCUR o the instructional programme o supervision o facilities and equipment o emergency care o transportation 10.5 COMMON SOURCES OF NEGLIGENCE o Physical educators may be found guilty of negligence when they fail to provide proper supervision by: - . neglecting to assist injured learners - . permitting learners to play...
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...LAW 531 Final Exam - IF You Want To Purchase A+ Work Then Click The Link Below , Instant Download http://acehomework.com/LAW-531-Final-Exam-A-Exam-76543567.htm If You Face Any Problem E- Mail Us At JohnMate1122@gmail.com 1 Under the Anti-Cybersquatting Consumer Protection Act, which of the following is true? Penalties are imposed for obtaining any domain name that infringes on a valid trademark.Domain names are granted only after ensuring that they do not infringe on a valid existing trademark. A plaintiff must show that the defendant acted in bad faith in order to recover. Prior approval by the affected celebrity is needed to obtain a domain name that is similar to a celebrity’s name. 2 The Hart-Scott-Rodino Antitrust Improvement Act led to rules requiring: That mergers be allowed if United States competitiveness in world markets is improved. That failing companies are rescued through mergers whenever possible. That the Federal Trade Commission and the Justice Department be notified in advance of any merger involving certain firms. That certain activities are classified as per se violations. 3 The landlord has the right to enter the leased premises: To make necessary repairs Only if specifically provided in the lease To inspect for waste To inspect for illegal use 4 Which for of real property ownership includes the greatest degree of ownership? Fee simple defeasible Fee simple limitless Absolute life estate Fee simple absolute 5 A doctrine...
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...LAW 531 Final Exam - IF You Want To Purchase A+ Work Then Click The Link Below , Instant Download http://acehomework.com/LAW-531-Final-Exam-A-Exam-76543567.htm If You Face Any Problem E- Mail Us At JohnMate1122@gmail.com 1 Under the Anti-Cybersquatting Consumer Protection Act, which of the following is true? Penalties are imposed for obtaining any domain name that infringes on a valid trademark.Domain names are granted only after ensuring that they do not infringe on a valid existing trademark. A plaintiff must show that the defendant acted in bad faith in order to recover. Prior approval by the affected celebrity is needed to obtain a domain name that is similar to a celebrity’s name. 2 The Hart-Scott-Rodino Antitrust Improvement Act led to rules requiring: That mergers be allowed if United States competitiveness in world markets is improved. That failing companies are rescued through mergers whenever possible. That the Federal Trade Commission and the Justice Department be notified in advance of any merger involving certain firms. That certain activities are classified as per se violations. 3 The landlord has the right to enter the leased premises: To make necessary repairs Only if specifically provided in the lease To inspect for waste To inspect for illegal use 4 Which for of real property ownership includes the greatest degree of ownership? Fee simple defeasible Fee simple limitless Absolute life estate Fee simple absolute 5 A doctrine...
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...NEGIGENCE In the 1928 edition of Bevan on Negligence stated that negligence is “it has to deal……with duties as they appear when the normal standard of performance is not attained…considering defaults in conduct, and only in the second place with the adequate discharge of obligations”. 1. DUTY OF CARE Gleeson CJ and Gummow J, the approach to determine a duty of care is to identify the “salient features” that combine to constitute a sufficiently close relationship to give rise to a duty of care. Reasonably foreseeable: - It is reasonably foreseeable that any carelessness on the part of the defendant could harm the plaintiff. Did the defendant’s act impart harm “that you could reasonably foresee would be likely to injure your neighbour”? (Donoghue v Stevenson). Incremental Approach: 1. type of relationship between the parties; a) the vulnerability of the plantiff, b) degree of control of defendant, c) special knowledge of the defendant of the plaintiff’s situation. 2. the type of loss or injury (physical, psychiatric, economic) 3. policy and; 4. physical, casual and circumstantial proximity may still be used (Kirby, Modbury triangle shopping centre pty ltd v Anzil) “proximity is the best notion yet devised by the law to delineate the relationship of negibour” Proximity test involves a notion of nearness in the relationship between the parties. as a principle stated in Rylands v Flectcher, “identifying the categories of case…rather than a test for determining...
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...themselves did not cause the avalanche. This will make the party who was taking part of the activity (Norris) responsible. By Norris going skiing he is assuming the risk of a potential risk because skiing can be hazardous and dangerous. Blogger’s reaction: Blogger agrees and affirms that an avalanche fits the definition of inherent dangers and risks of skiing. Those dangers or conditions are part of the sport of skiing. The Ski Safety Act does not require ski area operations to warn skiers of possible avalanches or to close slopes with avalanche danger. My thoughts: Ski Resort is not liable; while it was unfortunate he died he assumed the risk of skiing by choosing to do so. Also it was not required for resort to post warning signs of avalanches. The resort should not be liable for anything. However; the Ski Safety Act should be revised and requiring ski operations to warn about possible avalanches. Case #2: Moore vs. Minnesota Baseball Instructional School, 2009; court of appeals Minnesota, case filed March 31, 2009. Facts: Appellant Terry Moore initiated negligence action in district court on behalf of his minor son T.J. T.J.’s eyes was permanently injured while participating in baseball camp. District court granted summary judgment to respondent because appellant had signed a valid agreement releasing respondent from liability for T.j.’s...
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