Deck 9: Legal Liability and Risk Management

Question 1

A teacher's duty of care

A) requires that they protect their students from harm.
B) is unique to each student.
C) is to provide educational experiences for their students.
D) is directly related to the Canadian Charter of Rights and Freedoms.
E) primarily addresses instructional choices.

Answer 1

requires that they protect their students from harm.

Question 2

Failure to act as a reasonable and prudent person is known as

A) tort.
B) liability.
C) forseeability.
D) negligence.
E) an act of God.

Answer 2

negligence.

Question 3

lf a person exposes himself or herself to danger unnecessarily and is injured, the defense in a liability suit may claim

A) act of commission.
B) assumption of risk.
C) contributory negligence.
D) proximate cause.
E) malfeasance.

Answer 3

contributory negligence.

Question 4

Which one of the following is applied to standard of care in physical education?

A) proximate cause
B) foreseeability
C) suitability of activity to age and condition of participant
D) assumption of risk
E) shared negligence

Question 5

A tort action

A) is part of the School Act in each province.
B) includes an assumption of risk.
C) is based on the concept of foreseeability.
D) may result in a defendant being incarcerated.
E) may result in monetary damages being awarded.

Question 6

Determination of adequate supervision

A) requires consideration of age, maturity, and skill ability of participants.
B) is primarily based on voluntary assumption of risk by the participants.
C) is always done by the administrator of a school.
D) is related to proximate cause.
E) focuses primarily on the training of the teacher.

Question 7

An assumption of risk as applied to physical activities is defined as

A) unlawful and intentional force directed at another person.
B) the conduct of other teachers as a standard for comparison.
C) voluntary entry into a situation that may be injurious.
D) assumption that the situation contains an element of risk and therefore the participants will sustain injury.
E) a situation that exists and is considered to be the principal cause of an injury.

Question 8

The basis for most legal liability suits involving physical educators is

A) malfeasance.
B) misfeasance.
C) class action suits.
D) negligence.
E) acts of commission.

Question 9

In Canada, legal suits are conducted under

A) local statutes and provincial statutes.
B) federal and provincial statutes.
C) provincial statutes only.
D) federal criminal law.
E) the Canadian Charter of Rights and Freedoms.

Question 10

Asking students to perform complex skills on the balance beam before they have mastered more fundamental skills could be interpreted as

A) breach of duty.
B) injury.
C) malfeasance.
D) assumption of risk.
E) contributory negligence.

Question 11

A teacher who improperly administers first aid to an injured student could be accused of

A) malfeasance.
B) misfeasance.
C) nonfeasance.
D) contributory negligence.
E) comparative negligence.

Question 12

Failure to provide proper spotting for high-risk activities is an act of omission referred to in legal terms as

A) malfeasance.
B) misfeasance.
C) nonfeasance.
D) contributory negligence.
E) assumption of risk.

Question 13

A defense against negligence which places the cause of injury on forces beyond the control of the teacher or the school is referred to as

A) contributory negligence.
B) an act of God.
C) proximate cause.
D) an act of omission.
E) malfeasance.

Question 14

Before negligence can be proved, the failure of the teacher to conform to the required standard of care must be ruled

A) an act of God.
B) the proximate cause of the resulting injury.
C) a misfeasance.
D) a nonfeasance.
E) illegal.

Question 15

The first step in the emergency care plan is to

A) administer first aid.
B) notify parents.
C) complete the accident report form.
D) release child to parent or guardian.
E) call the local emergency medical technicians.

Question 16

Define the "liability" as it is related to a teacher's duty of care.

Question 17

Cite the four major points associated with determining negligence. Explain the meaning of each.

Question 18

Discuss the four criteria applied to the standard of care in physical education.

Question 19

Define the term foreseeability as it relates to the responsibility of a physical education to protect his/her student.

Question 20

Define the three categories of specific supervision often mentioned in provincial safety guidelines. When is each appropriate?

Question 21

Why is it important to be aware of current position statements and safety policies/guidelines from various professional organizations?

Question 22

Define the term "attractive nuisance" as it relates to a teacher's supervision responsibility.

Question 23

Describe the difference in duty of care in physical education compared to a teacher's general duty of care.

Question 24

Define negligence as it relates to a teacher's duty of care.

Question 25

Match the following terms with the most appropriate definition or characteristic.

-procedure is not up to required standard of conduct

A) tort
B) contributory negligence
C) misfeasance
D) malfeasance
E) nonfeasance
F) proximate cause
G) liability

Question 26

Match the following terms with the most appropriate definition or characteristic.

-must prove negligence has occurred

A) tort
B) contributory negligence
C) misfeasance
D) malfeasance
E) nonfeasance
F) proximate cause
G) liability

Question 27

Match the following terms with the most appropriate definition or characteristic.

-act of omission

A) tort
B) contributory negligence
C) misfeasance
D) malfeasance
E) nonfeasance
F) proximate cause
G) liability

Question 28

Match the following terms with the most appropriate definition or characteristic.

-accident was not cause by breach of duty

A) tort
B) contributory negligence
C) misfeasance
D) malfeasance
E) nonfeasance
F) proximate cause
G) liability

Question 29

Match the following terms with the most appropriate definition or characteristic.

-obligation to perform in a particular way required by law

A) tort
B) contributory negligence
C) misfeasance
D) malfeasance
E) nonfeasance
F) proximate cause
G) liability

Question 30

Match the following terms with the most appropriate definition or characteristic.

-teacher does not allow students to get a drink of water during exercise on a hot day

A) tort
B) contributory negligence
C) misfeasance
D) malfeasance
E) nonfeasance
F) proximate cause
G) liability

Question 31

Match the following terms with the most appropriate definition or characteristic.

-private or civil wrong or injury

A) tort
B) contributory negligence
C) misfeasance
D) malfeasance
E) nonfeasance
F) proximate cause
G) liability

Question 32

Match the following terms with the most appropriate definition or characteristic.

-a student is injured after he/she ignores signs and reminders and skis out of bounds

A) tort
B) contributory negligence
C) misfeasance
D) malfeasance
E) nonfeasance
F) proximate cause
G) liability

Question 33

Match the following terms with the most appropriate definition or characteristic.

-teacher does something improper by committing an unlawful act

A) tort
B) contributory negligence
C) misfeasance
D) malfeasance
E) nonfeasance
F) proximate cause
G) liability

Question 34

Match the following terms with the most appropriate definition or characteristic.

-act of commission

A) tort
B) contributory negligence
C) misfeasance
D) malfeasance
E) nonfeasance
F) proximate cause
G) liability

Question 35

Discuss the major principles of risk management as they relate to instruction, supervision and equipment/facilities.

Question 36

List common defenses against negligence and describe examples of each as it relates to the physical education environment.

Question 37

A key issue of negligence is forseeability.

Question 38

Recent statistics show that half of all injuries in Ontario schools are a result of physical activity.

Question 39

A tort may include breach of contract.

Question 40

It is sufficient in a negligence case to prove simply that a breach of duty occurred.

Question 41

A teacher offering to spot a student during a tumbling routine and then spotting improperly is an example of an act of nonfeasance.

Question 42

By law, school boards are responsible for protection of students.

Question 43

A key point in a defense of contributory negligence is whether the activity was suitable for the age and maturity level of the participants.

Question 44

In Canada, legal suits are conducted under both provincial and federal statues.

Question 45

The Canadian Standards Association has the only recognized national standards on children's play spaces.

Question 46

A teacher's duty of care is bound by law.

Question 47

The ordinary competent instructor test extends a teacher's responsibility beyond that of a parent

Question 48

If injury occurs, there will always be liability.