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Woodland v Essex County Council [2013]

Facts

  • A school contracted out its responsibility to teach its pupils to swim
  • During one of the swimming lessons, a child suffered a brain injury

Issue

  • Could the school be liable for this injury

Decision

  • Yes, claim allowed

Reasoning

  • The child was vulnerable and had no choice but to accept the ‘contracting out’ of the school
  • In delegating responsibility, the school still remains with the duty
  • Therefore, the duty is non-delegable
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