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Teachers and Non-Delegable Duty of Care


The school must also ensure that there is a reasonable amount of care and skill among students in carrying out functions that the school leaves others to carry out. This being said, if a student were to be injured, in any circumstance under the supervision of a hired independent contractor or employee, legally the school authorities would be held responsible, due to the lack of acknowledgment of duty of care. .
             The acknowledgment of student safety is not only a legal matter, but a key factor in schools and it is why a duty of care is necessary. Teachers and school authorities always have that duty of care to protect any child or student from being injured and falling victim to bullying or abuse, which is a common problem in schools of today. (Rigby,K. 1996)This act of violence caused by bullying is an increasing issue in the today's generation of schools, as many children do fall victim to a range of bullying at least once in their life time. Either the individual was a victim of bullying, a perpetrator or a bystander, it has developed into an issue that it's even began to start expanding through the internet and technology uses such as social media. This is also known as cyber-bullying, an alternate form of bullying. (Olweus, D. 1993).
             Bullying is defined as "repeated oppression, psychological or physical of a less powerful person by a more powerful person or group of persons" (Rigby,K. 1996). According to this statement an individual being victimised and exposed to this aggressive behaviour more overtime, is potentially being affected physical and psychologically, making the victim feel as if they are defenseless in ceasing the act. The victim, unable to defend themselves, eventually leads the perpetrator to abuse this sense of power, in order to make the victim to feel degraded emotionally and physically in an aggressive manner. .
             This aggressive behavior from the perpetrator may progressively "affect the health of some children, both mentally and physically, in both the short term and the long term" (Rigby,K.


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