HARRY VS. UNIVERSITY OF ESSEX

Harry vs. University of Wessex



Harry vs. University of Wessex

Introduction

According to the house of lords the law of duty of care highlights the point that the defendant was on duty to take care of the claimant, and not only he was responsible for his security, but the claimant also breached his duty and was negligent in his actions due to which the claimant endured damages either on property or personnel on his body. Under this law, the defendant is responsible to pay for damages to the claimant. The law of duty of care varies from an individual to an organisation. Organisations are responsible to ensure proper safety measures for its employees in working environments and especially in cases when a particular employee is on an outdoor visit for company's work. The above mentioned law of duty of care takes in consideration universities and schools as well.

The following case of Harry can be taken in consideration with the law of duty if care where the university can be held responsible for the negligence of the teacher Caroline during the outdoor visit. The paper will speak about the legal options of the university as well, but firstly Harry's point of view will be discussed. According to the UK law of care of duty, the school or university is responsible to ensure the security of the students who are going out of the university jurisdiction for any particular educational or leisure assignment under the supervision of the university.

As the case begins Caroline a geosciences teacher should have understood the damages a student can incur while jumping from the top into the sea. However, being careless in her actions she allowed the two students Nial, and Liam to be a part of this adventure. If luckily those students were saved from any injuries, she still; should have reported the university authorities that she allowed students to be a part of an adventurous but dangerous activity. If she had taken these steps the university would have appointed a trainer with her with the next batch to avoid any accidents.

Caroline further highlighted immaturity when she encouraged students of the next batch to take part in this jumping activity, although the students were all older than eighteen years of age and the activity was not a part of the assignment, but still a teacher's role is to be very careful when taking students out of the campus on her responsibility.

Harry has now rendered tetraplegia which means he is permanently paralysed from all four limbs and his senses. Not only his career is finished, but he is paralysed for life because of the carelessness of a teacher. As Caroline is an employee for the university of Wessex, harry should file the case against the university to pay life long damages.

Discussion

Harry's case

Harry can take the basis of his case from the case of Donoghue vs. Stevenson (1932). In this case, Mrs Donoghue went to a nearby café with her ...