Students are playing at the school park outside of school hours. A student of the school falls on the play structure. Who is at fault?
No one (does not fall under the duty of care)
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True or False: According to Policy and Program Memorandum 161, Teachers can plead ignorance and say that they did not know about students' medical conditions while in their care.
False
15
True or False: “School boards are responsible for ensuring that appropriate care is taken to prevent accidents.” This includes the accidents of trespassers.
True
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A person or organization that did not directly cause injury or harm may still be found liable in court. Is this an example of vicarious liability or occupiers liability?
Vicarious liability
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True or False: If the claimant's harm would have occurred in any event without the defendant's conduct, the conduct is NOT the cause of harm (“but-for” test).
True
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True or False: Informed consent allows teachers to take a break from their duties of preventing foreseeable accidents as students and parents know the risks surrounding the activities they are taking part in.
False
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True or False: Students are viewed as “children” outside of school hours, and the school is not responsible for duty of care.
True
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What was the incident that resulted in the establishment of in loco parentis?
Teacher deemed negligent when a student was severely burned from starting a fire by lighting a bottle of phosphorus with a match.
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What does the Latin term "in loco parentis" mean?
"in the place of a parent"
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True or False: The duty of care is not well established in law, it is only used as a guideline
False
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True or False: When assessing fault for an “act or omission”, the standard of a careful or prudent parent is NOT used.
False
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True or False: School boards are responsible for ensuring a safe and healthy learning environment for the schools in its jurisdiction
True
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True or False: Section 174 of the Education act states that "Every school board should keep the school buildings and premises in proper repair and sanitary condition"
False (Section 170)
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True or False: Section 264 of the Education Act states that teachers are required to assist in developing co-operation and co-ordination of effort among the members of the staff
True
15
True or False: Teachers are held to a low standard of care
False
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This strategy can limit the chances of injury, reducing the chances of a successful lawsuit