Student Protest at Gigantic State University Essay. Retrieved from https://studentshare.org/law/1446469-cases
Student Protest at Gigantic State University Essay. https://studentshare.org/law/1446469-cases.
Lastly, the whole demonstration by the students was a criminal act since it was not sanctioned by the university. Furthermore, the incident also had some elements of negligence since in the first instance, there were no security officers outside the offices of the president. The university is bound by law to protect its employees against any acts that may cause bodily and psychological harm or endanger their lives. As such, by not providing security to these offices, the university failed to protect Prudence and the president of the university.
Additionally, the university security took a total of ten minutes before responding to Prudence’s call during which she underwent a horrifying experience. These instances show that the university was negligent in ensuring security for its employees, within its compound. Furthermore, Mr. Chandler could be held accountable for negligence seeing as he was asleep during the entire incident, whereby had he been awake at the time, then the events herein would not have escalated the way they did. From the beginning the students abused their right to freedom of expression by engaging in violent conduct during the protests.
Moreover, they did not use the legal channels in which to air their grievances. The students also broke the law through forced entry as well as trespassing in the offices of the president of the university. The students also violated the rights of Prudence and the university president by unlawfully detaining them in the offices. Furthermore, the university also broke the law in that it failed to protect Prudence; hence, it was in breach of their contract agreement. In terms of liability for the damages caused during the protest, the university should be held responsible for the mental damage on Prudence since the University, according to the law of liability, is responsible for any torts committed by its students in case of student protests which in this incident are classified under intentional torts and unintentional torts, in reference to negligence by the university.
The university may also hold the student body liable for all the physical damages that resulted from their actions on that day. This incidence incurs several counts of both intentional torts and unintentional torts. The university is tortuously liable in the category of intentional torts, specifically assault and battery where the student leader knocks the phone and threatens to shoot her head off. Additionally, the university is also liable under the intentional torts for infliction of emotional distress which resulted in Prudence being unable to return to work for a week and is now dependent on tranquilizers.
The president of the university could also sue the institution and the students for unlawful imprisonment. In the category of unintentional torts, the university is liable for negligence since it failed to provide security for both Prudence and the university president while the security officers did not respond on time after Prudence’s distress call. Moreover, both Mr. Chandler and the University are liable under the unintentional torts with reference to negligence arising out of the fact that Mr.
Chandler was asleep during the entire incident. Court Brief Facts Students held an illegal demonstration in President Chandler’
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