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

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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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Keywords: Education; Liability; Negligence; Tort; Universities

Document Type: Research Article

Publication date: July 24, 2002

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