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Tort Analysis uk

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I would definitely say that the case falls under negligence. The main reason why this is so, is because the plaintiff, who in this case is Jessica Logan and her parents have demonstrated without any doubt, that the defendants actions led to the present situation where the Jessica Logan committed suicide. It is further demonstrated by the plaintiff, that if it were not for negligence on part of the resource officer at Sycamore High School, then probably Jessica Logan could have been prevented from committing suicide which is understandable considering the innumerable frustrations she was experiencing before and after graduating.

General Legal Background on Tort Liability

Tort liability refers to the insurance cover or compensation given to persons or parties after determination of negligence or carelessness on part of the defendants. Tort liability allows for persons who have been wronged, to initiate legal action against the doers. This is usually done in a court of law and with a judge presiding over the case. If negligence is presumed on part of the defendant, then they can be ordered to compensate the plaintiff of any arising damages.

Legal Principle That Should Be Applied To This Case

The legal principle most suited for application in the case of Jessica Logan is factual causation or immediate direct cause. It should be noted that the plaintiff has sufficiently presented all data and evidence that the school’s negligence of their own rules as applies to privacy was the main reason why Logan became depressed and committed suicide. Also, it is very practical that if the resource officer had heeded Logan’s complaints, then the situation would not have degenerated to suicide on part of Miss Logan. Sycamore school should therefore bear all the litigation damages and accept that contravening their school’s rules also had in a major way, a hand in Jessica Logan’s untimely death.

Argument That the Parent’s/Child’s Lawyer Could Make To Win the Case

Considering the law of tort in liability, it should be noted that the accused who is the defendant in the case of Jessica Logan vs. Sycamore High School, that if it was not for the school’s resource officer not neglecting Logan’s complaints, then probably it would have ended without Logan having to commit suicide. The fact that it is very clear that the school has in place policies that protect ones privacy, is another intriguing fact that should be explored to indicate intention to cause harm to the plaintiff.

The plaintiff through her parents and from evidence presented has also gone ahead to indicate that another of the three friends who were with Logan and who also photographed themselves when nude, also committed suicide and this is what Logan saw as the only way out of the mess that she was in. The first thing the school should have done was to protect the integrity of Logan as a school going child and not effect the “you are eighteen statement”. Furthermore, the school resource officer should have prevented in one way or the other, Logan’s boyfriend from circulating the pictures as he of all people, was the cause of the sensation caused by Jessica Logan’s nude pictures.

Argument That the Lawyer for the School/Teacher/Coach Could Formulate To Win the Case

If it was to be considered that Logan intentionally sent the pictures to her boyfriend without any instructions, then it will not be fair for the school to bear any grievances directed to it as a result of the circulation of the photographs. The plaintiff is thus mistaken as to the role of the school in enforcing it policies against intrusion of student’s privacy. It is only capable of doing so within school jurisdiction and in the case of Jessica Logan; it happened entirely outside the school’s premises. Also, the defendant gave a liable and valid argument when approached by Logan seeking reprieve from insults hurled at her by fellow students. He insisted that Logan was 18 years and therefore the school’s policies had little effect in restricting her insulters. Logan should probably have alerted federal law enforcement agencies, as they were better placed legally, to handle her matters.

Overall Assessment (Who Has the Stronger Case)

I strongly believe that the plaintiff in this case, has more strong and factual evidence to see the case through. This is because most of the evidence presented is vey primary and has factual disposition that can be related to the case itself. The fact that the plaintiff satisfies the law of tort in liability is also another thing that could have significant weight in the final decision of the case in their favour. It should be noted that the law of tort in the breech of rules and regulations that result in injury of individuals due to negligence requires that at least two elements and another be satisfied in determining that the defendants’ negligence, caused injury, which is very evident from Logan’s death.. It should be easy to determine that Jessica Logan actually committed suicide after she deduced just like her friend, that it was impossible to get any help from the school’s administration regarding the withdrawal of her nude pictures from circulation.

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