Question
In 2020 a new teacher, Jock, decided to start up a Rugby Union club.Jock is a geography teacher he has no qualification in physical education.
In 2020 a new teacher, Jock, decided to start up a Rugby Union club.Jock is a geography teacher he has no qualification in physical education. Jock told Mary the leader of the physical education program, 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 prior to going ahead with anything.Jock did a poll of his year 9 Geography class. the boys loudly expressed their approval. 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.
During the first 'practice' the following incident occurred
Barnaby,a year 10 studententhusiastically joined in the training session.Jock decided to demonstrate the 'scrum'.Without giving any instructions other than to line the boys (all of them, not just the forwards) up against each other and calling out 'crouch, bind, set'and throwing the ball in.The boys hooked the ball with their feet and pushed against one another.Barnaby was caught awkwardly when the scrum collapsed.He had a long, thin neck and it was broken in the incident.
I am required to focus on negligence. I have to address whether the school owed a duty of care. what the standard of care was and whether the school was in breach of the duty of care. lastly if the schools negligence caused the injury Barnaby sustained.
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