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

Problem question in the law of tort - Essay Example Cantrell 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 will find that he owed a duty to Jamie and Scott. However, was this duty breached? There is no mention in the scenario of any specific action that Cantrell did that caused the injuries. Perhaps he did not supervise the students sufficiently or did not give them specific instructions or ensure they had safety gear on. Alternatively, it can be argued that Cantrell’s offending actions occurred after the injuries, in failing to get the boys immediate medical help. It says in the scenario that it was only after the commotion that resulted on Scott’s mishap that he sent Kenny to call the receptionist. Perhaps it can be argued that he should have called the ambulance himself or sought professional help immediately instead of sending a student off to get colleague with just first-aid training. Whatever Cantrell’s 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 but 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 argument 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 â€Å"but for† test