Question
Eastlands Secondary College is a year 7 - 12 co-educational school of around 1000 students in country Victoria.In 2020 a new teacher, Jock, decided to
Eastlands Secondary College is a year 7 - 12 co-educational school of around 1000 students in country Victoria.In 2020 a new teacher, Jock, decided to start up a Rugby Union club.He felt that Australian Rules and Soccer competitions were 'not robust enough' for some of the more boisterous boys, and he wanted to make an avenue for the boys to 'dissipate some of their energy'.
The leader of the physical education program, Mary, had an established co-educational program involving netball, basketball, cricket, Australian Rules Football and soccer.She ran an intra-school training and competition process, feeding into an inter-school competition throughSchool Sport Victoria.When Jock told her that he wanted to set up a Rugby competition Mary told him to assess the demand (amongst the students) and put in a proposal so that it could be assessed and an appropriate risk management process organised.Jock did a poll of his year 9 Geography class and some of the boys loudly expressed their approval (mainly because they wanted to distract Jock from teaching).Most of the girls thought rugby was 'dumb' but a couple asserted that if there was going to be a competition it should be co-ed.
Without consulting Mary Jock sent around an email to students in years 9, 10 and 11 advertising the new 'Rugby Club' which would practice at lunch-times on the public oval across the road from the school.Jock would be the coach.
Gregory, a year 9 boy, was crossing the road back to the school, posting about the accident on his Instagram and snapchat.Jock was still dealing with Barnaby and the ambulance, and there were no other teachers to regulate the students crossing the road.Gregory was struck and seriously injured by a car which, although travelling at the 40 km/h speed limit, did not see him as he walked out between two parked cars.Gregory hit his head on the road and suffered a brain injury.
Respond to these events, using negligence, indicating the legal issues that arise on these facts, which principles will assist resolution of the issues (legally), and indicating what the outcome will be when those principles are applied to the facts.
standard of care, breach of duty of care, causation
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