Policy Issues a Key to the Determination of Educational Negligence
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چکیده
The final quarter of the twentieth century has seen the arrival of the claim for educational malpractice, or educational negligence, by students who have failed to learn. Generally speaking, the claim has been that the professional behaviour of teachers, or educational psychologists and/or other providers of educational services has breached the duty of care to educate, with the consequence that the student-plaintiff failed to learn, and that this was an injury compensable in tort. However, the superior courts in the USA, Canada and England which have considered such claims have ultimately rejected them. The decision of the English Court of Appeal in Phelps v Hillingdon Borough Council [1999] 1 WLR 500 is consonant with the earlier decisions.
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