Essay Flashcards

A state-run Establishment of Arts and Trades operates a metalworking shop for apprentices. The class is supervised by a Teacher who is also the shop foreman. During a session, the Teacher briefly leaves the workshop to fetch additional safety equipment, leaving a group of apprentices unsupervised. While unsupervised, Apprentice M, under supervision but without direct instruction, operates a hydraulic press that is not properly maintained, causing a fragment of metal to fly off and injure a bystander, P, who is standing near the shop entrance. In a concise essay, answer: (a) Identify the governing doctrine governing civil liability of a school and its employees for damages caused by pupils or apprentices under supervision in an Establishment of Arts and Trades. (b) Distinguish the school’s vicarious liability from the supervising Teacher’s personal liability, explaining the scope-of-authority test and when each may attach. (c) Apply to the facts: who is liable, to what extent, and what defenses, if any, are available.