I've got a GDL problem question which requires me to explore employers' liability, vicarious liability and a possible defence to negligence of ex turpi causa non oritur action - this isn't a problem.
However, I'm still not sure about what conclusion to draw so I'm looking for some guidance. In a nutshell the scenario is this - Lucas is a maths teacher and got a job as a newly qualified teacher, was promoted to head of department within 2 years which involved new responsibilities including taking on a disruptive class. He found this class very stressful, and this has been the subject of appraisals with the headteacher. Lucas had a particularly disruptive lesson with this class and he was verbally abused by a pupil - a nervous breakdown followed and he was signed off sick. Whilst signed off sick he came into school to collect some papers, bumped into the pupil who had abused him and beat the living daylights out of him.
So I need to advise the LEA if they will be liable for 1) a claim by Lucas and 2) a claim by the pupil. I think they would be liable for a claim by the pupil but I'm in two minds about Lucas. Does the fact he came into work whilst off sick (and shouldn't have been at work) negate the employer's liability? Or does the fact he was receiving support from the headteacher negate the liability? If the employer would be liable, is illegality a sufficient defence for them?
Help appreciated... my brain is fried!
Who do you think it is...