Module 8

Chapter 14-15

Priyal Morjaria

Chapter 14
2. What are the elements of negligence? Explain each and how they are interdependent.
Negligence is conduct that results in harm or injury to another. The difference between
negligence and intentional tort is that negligent acts are not expected or intended. There are four
elements of negligence, duty, standard of care, proximate or legal cause, and Injury or actual
loss. Each individual has a duty on his or her own part to protect others against unreasonable
risk. We have to abide by a standard of reasonable conduct to ensure the safety of others. Certain
occupations may require a greater obligation for the safety of others. A stay at home mom has to
hold to a standard to protect her children, while an educator may have a greater obligation of
safety towards her students. A legally recognized obligation for others requires individuals with
said duty to meet a certain standard of care and conduct. For example a science teacher needs
to meet certain standards of safety in his or her classroom to make sure that students are not in
harms way while doing experiments. The third element is proximate cause which in the most
basic terms means that negligent conduct has be the cause for the resulting injury. It must be
proved that the negligent act was the reason for injury, loss or damage.
4. Why is the concept of assumption of risk so important to student activities on a
university campus?
Assumption of risk is a defense against negligence where the plaintiff was aware of the risk and
danger and there was an implied agreement between the plaintiff and defendant where the
plaintiff voluntarily agreed knowing the risk. In academics we see this often in athletics. Athletes
assume and are aware of the risks related to the game in which they are participating.
7. What are the issues that arise in cases of student suicide? For the professor? For the
student counselor? For the university?
In the case of student suicides many questions of reasonable care vs personal responsibility
arise. If a student is self-destructive and inflicts harm to his or herself how liable is the institution
is attends. In the case of Jain v. State of Iowa the Supreme Court of Iowa concluded that the
University of Iowa was not liable or negligent when it came to the students harm to self. The
student assumes the risk when it comes to self-harm. In this case the student was referred to
counseling and was encouraged to speak to his parents. The student was also asked if his parents
could be contacted however the student stated that he would contact his parents and attend
counseling. University officials did not prevent the student from seeking help. An act of suicide
by a student could be characterized as contributory negligence.
8. What is the potential for university liability where students harm other students?
A university could be found to be negligent if university officials were aware of a students plan
to bring forth harm to another student or students. If the institution had the last clear chance to

Module 8

Chapter 14-15

Priyal Morjaria

avoid the injury to other students but did not take any steps to do so they may be held as
negligent. If university officials are aware of the possibility of violence from a student towards
another they have a duty to use reasonable care to protect other students.
Chapter 15
3. Under what circumstances can university officials release students confidential
information?
A students confidential information can only be released to appropriate parties when an
emergency takes places that deems it crucial and necessary to protect the health and safety of that
student or others.