Edu Law: asked alot

Question 1

*****WHAT IS MEANT BY THE EDUCATORS DUTY OF CARE? (3)

PG 32 TUT 102

Answer 1

• educators have an obligation in terms of their professional status as educator,
• • in terms of their original duties ( because they act in loco parentis)
• to provide care+ supervision for the children placed in their care.

Question 2

***DEFINE NEGLIGENCE (3)

PG 20 SG

Answer 2

• failure to exercise the necessary degree- care for the safety + well being of others.
• may occur as a result of failure to act when there is a duty to act / acting in an improper manner

Question 3

***DISCUSS THE TEST FOR NEGLIGENCE (10)

PG 19 SG

Answer 3

• ‘reasonable person’ (bonus paterfamilias) test is used to determine negligence.
• defendant is negligent if a reasonable person in his / her position would have acted differently + the damage was reasonably foreseeable + preventable
• since educator’s are regarded as experts / professionals, the reasonable measure of expertise will be added to the standard expected of the general reasonable person. Thus the standard against which an educators conduct would be measured is that of a reasonable educator.
• to test whether an educator was negligent 2 criteria must be applied, namely foresee ability + preventability
• in Kruger V Coetzee it was found that the defendant was guilty of negligence because he failed to foresee (anticipate) / recognise a potentially dangerous situation; he also ignored the possibility that an injury could occur
• secondly, he did not take reasonable steps to prevent an injury from occurring. He did not do what would be expected of a reasonable educator under the same circumstances.

Question 4

***WHY + UNDER WHICH CIRCUMSTANCES IS THE REASONABLE PERSON REQUIREMENT USED? (4)

PG 19-20 SG

Answer 4

• Bonus Paterfamilias (educators expected to act as reasonable person) is used as a measure to determine negligence when an educator is suspected of negligence
• It is used to protect child + determine whether he / she could have taken steps to prevent it
• In other words, did he / she do what would be expected of a reasonable educator under the same circumstances?

Question 5

*** WHICH FACTORS DETERMINE THE DEGREE OF THE EDUCATORS DUTY OF CARE? (5) PG 33 TUT 102

Answer 5

• the legal principle of diligens paterfamilias: diligens (good) en paterfamilias (father of the house or family)—in other words,
• it is expected of the educator to be a caring as a concerned parent.
• This means that an educator is expected to take care of children in the same way as a caring parent.
• Other factors that the courts consider are the age + maturity of learners, the nature of the activity +the environment