(Download) "New South Wales V Lepore; Samin V Queensland; Rich V Queensland: Schools' Responsibility for Teachers' Sexual Assault: Non-Delegable Duty and Vicarious Liability." by Melbourne University Law Review ~ eBook PDF Kindle ePub Free
eBook details
- Title: New South Wales V Lepore; Samin V Queensland; Rich V Queensland: Schools' Responsibility for Teachers' Sexual Assault: Non-Delegable Duty and Vicarious Liability.
- Author : Melbourne University Law Review
- Release Date : January 01, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 314 KB
Description
[In Lepore, the High Court jointly considered three cases which raised the question of whether a school authority could be held liable for the sexual assault of a pupil by a teacher while at school There was a conflict of authority at the Court of Appeal level about whether the doctrine of non-delegable duty was available in such a situation. A majority of the High Court decided that non-delegable duty should be confined to negligence, and there are indications that non-delegable duty in the context of schools may not be seen favourably in the future. In relation to vicarious liability, the Court was divided. In the author's view, this reflects a deep-seated concern about the basis of vicarious liability in a tort system that is otherwise deeply fault-oriented.] CONTENTS