LAW OF TORTS II ROADMAP – Negligent False Imprisonment and Educational Negligence

LAW OF TORTS II ROADMAP – Negligent False Imprisonment and Educational Negligence

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LAW OF TORTS II ROADMAP – Negligent False Imprisonment and Educational Negligence Negligent False Imprisonment Has there been some harm suffered by the P due to the D’s negligence? If yes, proceed. o Also mention that damage is the gist of the action. If no, recommend that no cause of action should arise. Was the D’s act towards the P direct in relation to the P’s autonomy? If yes, recommend that a cause of action should arise. o Also mention that under Australian law there is no requirement for there to be intent for the imprisonment and that a person’s loss of autonomy is enough for a cause of action to arise. Mention Williams v Milotin. If no, recommend that no cause of action should arise. Damages: Pecuniary and non-pecuniary loss when P has had suffered damage. Consequential loss or damage to his health or pecuniary interests provided it’s not too remote. Aggravated damages are often awarded, which are compensatory in nature, being awarded for injury to the P feeling s caused by insult, humiliation and the like. (
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Unformatted text preview: Lamb v Colegno ) Exemplary damages are also available in appropriate cases. Educational Negligence Has the D as an education authority not met a students educational needs? If yes, proceed. If no, recommend that no cause of action may arise. Is the P diagnosed with a learning disorder of some sort? If yes, proceed. If no, recommend that no cause of action may arise as it is not recognizable for a person without a learning disorder to have a cause of action under educational negligence. Is the damage suffered in the future by the P recognizable? If yes, proceed. If no, as damage is the gist of an action under educational negligence. Damages: Economic loss: Is the damage in the form that the P will suffer economic loss due to the inadequate education provided? If yes, damages awarded under economic loss. If no, consider other damages Exemplary damages are also available in appropriate cases....
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LAW OF TORTS II ROADMAP – Negligent False Imprisonment and Educational Negligence

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