The Effect of Warning in Relieving Liability (of Educators) according to the Rules of Actions Involving Harm and Warning

Message:
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:

The responsibility of individuals for their direct or indirect actions makes them liable for the thing leading to a loss. Obviously, this naturally leads to a kind of cautious approach and staying away from essential areas such as sports activities, which are inherently risky actions. Finding a solution to this problem has attracted the attention of many managers, CEOs and executives in charge. One of the effective factors in relieving liability from the cause of loss is pre-warning. The present article seeks to study this issue from juridical and legal perspectives. It responds to a number of questions including the following: Among the jurisprudential rules which relieve liability from the cause of the damage, what rule or maxim can be relied upon? And in general, what are the limits, domain and jurisprudential ruling derived from those rules?In response to these questions, it can be briefly said that from the point of view of jurisprudence and law, the 'warning rule' can be cited to absolve individuals in educational, sports, medical, etc. activities. The application of this rule has conditions such as announcing and giving necessary warnings, etc. If a person participates in competitions and sports activities and suffers losses in this area despite prior knowledge and warning, the principle of innocence governs and overrules the evidence of proving responsibility. Therefore, no responsibility (civil or criminal) is on the other party, but he himself is responsible.

Language:
Persian
Published:
Bi-Quarterly Research Scientific Journal in Educational Jurisprudence studies, Volume:7 Issue: 14, 2021
Pages:
245 to 273
https://www.magiran.com/p2340035  
سامانه نویسندگان
  • Javad Ebrahimi
    Author (2)
    Phd Student Educational jurisprudence, Al-Mustafa International University, Qom, Iran
    Ebrahimi، Javad
  • Ali Entezari Najafabady
    Author (3)
    Assistant Professor Privat law, Naragh Branch, Islamic Azad University, Naraq, Iran
    Entezari Najafabady، Ali
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