oracle legal factors
DESCRIPTION
Legal factorsTRANSCRIPT
LEGAL FACTORS
Parky – Football / Volleyball / Badminton / Cricket / Frisbee /
Rugby / Basketball MVP
LAW
Statutory law is written law
Can be applied to any jurisdiction in UK
A draft piece of legislation is called a bill,
when this is passed by Parliament it
becomes an Act and part of statute law
Needs to gain Royal Accent to become law
CASE LAW VS CIVIL LAW
CASE CIVIL
Case Law is when a person
has committed a crime
against the state
Case law is often
punishable by prison
sentences and the like
Civil Law is when a person
has committed a crime
against another person (eg
breach of contract, trespass,
etc)
An individual brings an action
against another party to claim
damages for losses incurred
Civil offences are usually
punishable by fines and the
like
EXAMPLE
Harvey continually trespasses on Chelsea’s
land whilst riding his super long board….
Civil law
Warning / fine
IN LOCO PARENTIS
‘In Loco Parentis’ is Latin for ‘instead of a parent’
You would assume a duty of care for a child
Teachers are not required to administer medicine to pupils, but should keep a note of pupils who have medical conditions
If a child is endangering themselves or others, the teacher is entitled to use ‘reasonable force’ to stop them
Teachers do not have to supervise pupils during the lunch break
DUTY OF CARE
All those involved in sport have a duty of
care for the health and safety of others who
may be affected by their actions
You have a duty of care when it is
“reasonably foreseeable” that your actions
may cause harm
Duty of care is based on 3 main factors
DUTY OF CARE
1. Does a duty of care exist?
2. Is there a breach of that duty?
3. Did that breach cause damage or loss to an
individual’s person or property?
NEGLIGENCE
Negligence is a term used in civil law when
breaches in health and safety have occurred
and have resulted in injury or harm to
another person or property
In order to win a case of negligence, you
need to have been owed a duty of care and
for that to have been breached