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Negligence in schools: Educating educators about their liability

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dc.contributor.author Fowler, Matt
dc.date.accessioned 2019-12-02T01:34:24Z
dc.date.accessioned 2022-07-12T02:34:03Z
dc.date.available 2019-12-02T01:34:24Z
dc.date.available 2022-07-12T02:34:03Z
dc.date.copyright 2018
dc.date.issued 2018
dc.identifier.uri https://ir.wgtn.ac.nz/handle/123456789/21001
dc.description.abstract Education is one of the most powerful tools a person can have. It allows us to read, calculate, understand, and make decisions. It informs our opinions, our view of others, and allows us to make our way in the world. This paper assesses the liability of those tasked with providing education at primary and secondary schools. It focusses on negligence, and explores the legal position if educators fail to take reasonable care of their students. The presence of the Accident Compensation Scheme renders physical injury actions largely unattainable. Therefore, the first type of claim relates to a failure to take care of a student’s mental well-being. Bullying, exposure to objectionable material, and outrageous conduct are the given examples. The second type of claim relates to a failure to adequately educate the student through poor teaching, which is known as ‘educational negligence’. The educational negligence doctrine is controversial, and has attracted different responses overseas. Neither of the above types of claim has been successfully litigated in New Zealand courts yet. The writer takes the view that such claims can, and will, arise in New Zealand in the near future. This informs the conclusion that New Zealand educators do face significant potential liability in negligence. In the modern context of teaching shortages and strikes, the bell may be ringing for the Government to incentivise this profession. en_NZ
dc.format pdf en_NZ
dc.language en_NZ
dc.language.iso en_NZ
dc.publisher Te Herenga Waka—Victoria University of Wellington en_NZ
dc.subject School en_NZ
dc.subject Negligence en_NZ
dc.subject Teacher liability en_NZ
dc.subject Bullying en_NZ
dc.subject Educational negligence en_NZ
dc.title Negligence in schools: Educating educators about their liability en_NZ
dc.type Text en_NZ
vuwschema.contributor.unit Victoria Law School en_NZ
vuwschema.contributor.unit Faculty of Law / Te Kauhanganui Tātai Ture en_NZ
vuwschema.subject.anzsrcfor 130304 Educational Administration, Management and Leadership en_NZ
vuwschema.subject.anzsrcfor 130313 Teacher Education and Professional Development of Educators en_NZ
vuwschema.subject.anzsrcfor 180110 Criminal Law and Procedure en_NZ
vuwschema.subject.anzsrcfor 180118 Labour Law en_NZ
vuwschema.subject.anzsrcfor 180119 Law and Society en_NZ
vuwschema.subject.anzsrcseo 970118 Expanding Knowledge in Law and Legal Studies en_NZ
vuwschema.type.vuw Research Paper or Project en_NZ
thesis.degree.discipline Law en_NZ
thesis.degree.name LL.B. (Honours) en_NZ
vuwschema.subject.anzsrcforV2 489999 Other law and legal studies not elsewhere classified en_NZ
vuwschema.contributor.school School of Law en_NZ

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