Problem question in the law of tort Essay Example | Topics and Well Written Essays - 1500 words

Problem question in the law of tort - act ExampleCantrell is the teacher of these boys. His actions are likely to have a foreseeable effect on them. As such it is very likely that the Courts ordain find that he owed a duty to Jamie and Scott.However, was this duty breached? thither is no mention in the scenario of any specific action that Cantrell did that caused the injuries. Perhaps he did not wield the students sufficiently or did not give them specific instructions or ensure they had safety geartrain on. Alternatively, it can be argued that Cantrells offending actions occurred after the injuries, in failing to get the boys immediate medical exam help. It says in the scenario that it was only after the commotion that resulted on Scotts mishap that he sent Kenny to call out the receptionist. Perhaps it can be argued that he should have called the ambulance himself or sought professional help straightway instead of sending a student off to get colleague with just first-aid tra ining.Whatever Cantrells actions were, he will be judged according to the standards of a reasonable P.E. teacher, as he was acting in this capacity when the mishaps occurred. It is true that he is a newly qualified P.E. teacher barely it is unlikely that the Courts will lower the due standard of care because of this. This is apparent from Wilsher v Essex AHA2 where the Court of Appeal rejected the financial statement that a junior inexperienced doctor owed a lesser standard of care than a more experienced doctor. The Courts pointed out that what mattered was not the standard of care owed by a particular doctor but the standard of care required for the act which he performed. This would apply to Cantrell as well. The question that the Courts would ask is whether a reasonable P.E. teacher would have acted like Cantrell did in that situation.Even if the duty was breached Cantrell may argue that his actions or omissions did not cause the boys damage. The test applied by the Courts in assessing causation is the but for test