What is Tort Law
BML 107 Introductory Law for Managers
Individual Report – Law of Tort and Employment
1205636
Harry, aged 10, is a pupil at St Botolph’s. One day last year he fell over when running to school and gashed his leg very badly. He managed to hobble into the school to seek help. The school nurse was unwell that day, but Mrs Tourniquet, the biology teacher who has been employed by the school for 2 years, attended to him. Mrs Tourniquet had as a young woman qualified as a nurse, but was not employed in that capacity by the school. Indeed, following an incident two years ago, she had been told by Marvin not to give nursing assistance to pupils. She washed and disinfected the wound and applied bandages, telling Harry to keep it completely covered for the next week. Harry was in increasing pain during the ensuing week, but his mother, Mrs Woebegone, told him that he should not be childish and that he should do as Mrs Tourniquet had instructed. One evening six days after the fall Harry was in such pain that he removed the bandage. The wound had become seriously infected. He was taken to hospital, but it was discovered that the infection had spread to the bone. His leg had to be amputated.
The school governors have told Mrs Tourniquet that she is dismissed.
Advise Harry and Mrs Tourniquet.
To explain the actions that Harry and Mrs Tourniquet can and can’t take, it is going to be split into sections to cover the full law over this case. The sections the law is going to be split into are: Negligence, Causation, Duty of Care, Unforeseeable Harm and Tort; then ending with a conclusion. Each section is going have a short explanation of the law with a link to the case. This should explain to both Harry and Mrs Tourniquet if they have a reasonable case to give in a civil court and what they could base their case around.
Negligence
‘The tort of negligence gives rights to persons who have suffered
Individual Report – Law of Tort and Employment
1205636
Harry, aged 10, is a pupil at St Botolph’s. One day last year he fell over when running to school and gashed his leg very badly. He managed to hobble into the school to seek help. The school nurse was unwell that day, but Mrs Tourniquet, the biology teacher who has been employed by the school for 2 years, attended to him. Mrs Tourniquet had as a young woman qualified as a nurse, but was not employed in that capacity by the school. Indeed, following an incident two years ago, she had been told by Marvin not to give nursing assistance to pupils. She washed and disinfected the wound and applied bandages, telling Harry to keep it completely covered for the next week. Harry was in increasing pain during the ensuing week, but his mother, Mrs Woebegone, told him that he should not be childish and that he should do as Mrs Tourniquet had instructed. One evening six days after the fall Harry was in such pain that he removed the bandage. The wound had become seriously infected. He was taken to hospital, but it was discovered that the infection had spread to the bone. His leg had to be amputated.
The school governors have told Mrs Tourniquet that she is dismissed.
Advise Harry and Mrs Tourniquet.
To explain the actions that Harry and Mrs Tourniquet can and can’t take, it is going to be split into sections to cover the full law over this case. The sections the law is going to be split into are: Negligence, Causation, Duty of Care, Unforeseeable Harm and Tort; then ending with a conclusion. Each section is going have a short explanation of the law with a link to the case. This should explain to both Harry and Mrs Tourniquet if they have a reasonable case to give in a civil court and what they could base their case around.
Negligence
‘The tort of negligence gives rights to persons who have suffered