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Journal cover: Journal of Educational Administration

Journal of Educational Administration

ISSN: 0957-8234

Online from: 1963

Subject Area: Education

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Negligence in the delivery of higher education – how vulnerable are our universities?

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Title:Negligence in the delivery of higher education – how vulnerable are our universities?
Author(s):Norman A. Katter, (Queensland University of Technology, Brisbane, Australia)
Citation:Norman A. Katter, (2002) "Negligence in the delivery of higher education – how vulnerable are our universities?", Journal of Educational Administration, Vol. 40 Iss: 4, pp.390 - 399
Keywords:Education, Liability, Negligence, Tort, Universities
Article type:Conceptual Paper
DOI:10.1108/09578230210433445 (Permanent URL)
Publisher:MCB UP Ltd
Abstract:This article examines and highlights the potential ambit of liability for educational negligence within universities. While the absence of any existing body of case law on the liability of universities necessarily requires a degree of speculation as to the attitude of the courts, some guidance can be obtained from the principles and policy underpinning the existing case law and commentary on the negligence of teachers and schools. This article draws on recent developments in the United Kingdom with respect to educational negligence. The common law in Australia has traditionally developed alongside United Kingdom law and legal developments in the United Kingdom are indicative and pre-empt or parallel developments in Australia.

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