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Canadian Tort Law (Elements of Neglignece):

Myers et al. v. Peel County Board of Education at al. (1981), 17 C.C.L.T. 269 (5.0;) The fifteenyearold plaintiff and eight of his classmates received their teacher's permission to practice gymnastics routines in an exercise room beside the main gymnasium. The teacher remained in the gymnasium with the remainder of the class. The students had all been trained in proper spotting techniques. Myers completed his routine on the rings and then dismounted. His spotter turned away while Myers remounted to try a new routine. This routine required a complicated dismount that Myers had never tried before. Myers fell directly on his head from a height of several feet, breaking his neck and leaving him a quadriplegic (although he has since made a significant recovery). Myers' parents sued the gym teacher and the school board on his behalf for negligence. 1. What duty of care did the gym teacher and school board owe to Myers? (2 marks) 2. Do you think the gym teacher lived up to the standard of care ofa reasonable person? Explain. (2 marks) 3. Were Myers' injuries foreseeable to the reasonable person? (2 marks) 4. What kind ofloss, harm, or injury did Myers suffer from? (2 marks) 5. Do you think that the teacher could be said to be the cause of Myers' accident? Explain your answer. (2 marks) 6. Consider the two defences for negligence: (a) voluntary assumption of risk; and (b) contributory negligence. Do you think the defendants could successfully use either or both of these defences in this case? Explain. (2 marks) 1 You be thejudge. What decision would you make in this case? [2 marks)