LAW401: Educator and the Law – Essay Writing - Law Assignment Help

Assignment Task

INTRODUCTION

The assignment question has been designed to test the principle of negligence. Negligence falls within the Law of Delict. Although, the Law of Delict is not directly tested within this module, many of the Common Law principles which are dealt with in the Law of Delict and other areas of law are covered within this module. The principle of negligence is important to future educators as it looks at the actions of the reasonable educator and the aspect of Geborgenheit. This principle also forms part of the content to meet the module outcome of the student being able to identify and explain the various common law principles as they may apply to the education environment and impact on the learner and the educator.

DESCRIPTION

The assignment will be in the form of an essay which must be submitted online via the TURNITIN portal. The TURNITIN portal will be available on the LMS two weeks prior to the due date of the assignment. The essay must be fully referenced. The essay and the reference page must be submitted as one document.

INSTRUCTIONS

JC Van der Walt and Rob Midgely define a delict "in general terms [. . .] as a civil wrong," and more narrowly as "wrongful and blameworthy conduct which causes harm to a person" (2005: par. 2). Negligence (culpa) occurs where there is an inadequate standard of behavior. It reflects the law's disapproval of the defendant's conduct. The conduct is tested against what the reasonable person in the position of the defendant would have foreseen and what he would have done to avoid the consequences (Kruger v Coetzee 1966 (2) SA 428 (A)).

Scenario: The Grade 4 learners at Disney Primary were taken to the aquarium for their annual excursion. Group B was assigned to their form educator, Mrs Elsa. She had ensured that all indemnity forms were signed by parents and guardians before embarking on the excursion.

With much excitement on the bus and at the aquarium, Mrs Elsa continuously enforced order and discipline. She even repeatedly told the learners to stay within their assigned group and kept a watchful eye on them ensuring that they do not touch anything at the aquarium.

One of the learners Minnie, who was assigned to Group B was captivated by a "glowing" fish in a gigantic tank in the distance whilst the rest of Group B and Mrs Elsa were still paying attention to the talk that was being delivered by the guide. Mrs Elsa had noticed Minnie being distracted and called her name to remind her to pay attention to the guide as they could be tested on the talk during their Life Science lesson back at school. At the same time, another learner, Donald had knocked his knee on a wooden box which was part of the décor, and he began to cry. Whilst Mrs Elsa was consoling Donald, Minnie wandered off towards the tank with the "glowing" fish, again. Within minutes, she was nowhere to be found. After much panic and searching, the staff at the aquarium had managed to locate her. Minnie was found unconscious, in a corner after sustaining a deep cut to her head and a fractured leg.

Minnie's parents are now extremely furious and want to institute legal action against the Mrs Elsa and the school for negligence. With clear reference to the above scenario discuss negligence in a legal context.

Your discussion must include reference to the relevant law. Consult legislation, case law, academic articles, your prescribed book and knowledge gathered from various possible scenarios presented in lectures/ additional notes/resources that were uploaded on the LMS.

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