Negligence – Liability of school authority - Alleged sexual assault on pupil by teacher - Whether school authority in breach of non-delegable duty of care - Concept of non-delegable duty - Whether school authority vicariously liable - Test for imposition of vicarious liability.
Practice and procedure – Trial - Negligence - Trial of issues of liability and damage severed - Failure to make necessary findings of fact - Retrial.
Words and phrases – "non-delegable duty", "vicarious liability".
Negligence – Liability of school authority - Sexual assault on pupil by teacher - Whether school authority in breach of non-delegable duty of care - Concept of non-delegable duty - Whether school authority vicariously liable - Test for imposition of vicarious liability.
Words and phrases – "non-delegable duty", "vicarious liability".
Judgment date
Case number
S108/2002
B20/2002
B21/2002
Before
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Catchwords