Law and South African Education

Topics: Law, Common law, Tort Pages: 7 (1525 words) Published: August 27, 2014
Tutorial letter 202/1/2014

The Educator as Leader Manager and Administrator
Department of Educational Leadership and Management
This tutorial letter contains important information about your module. EDLHODM
Semester 1

2
CONTENTS
Page no
1 SECTION B: INTRODUCTION TO SOUTH AFRICAN EDUCATION LAW…………………………..….3 2 EXAMINATION PAPER: SECTION B: INTRODUCTION TO SOUTH AFRICAN EDUCATION LAW
...6

3 MEMORANDUM OF ACTIVITIES INCLUDED IN THE STUDY GUIDE…………………..…………......8 4 A FINAL WORD……………………………………………………….……..………………………………..18 EDLHODM/202
3
1. SECTION B: INTRODUCTION TO SOUTH AFRICAN EDUCATION LAW
Dear Student Please note that this tutorial letter relates to the only study guide
for EDLHODM.
The purpose of this tutorial letter is to provide feedback on assignments 01, question 2, Section B: Introduction to South African Education Law
,
to demarcate the field of study for the examination and to provide the format of the exam paper for Section B: Introduction to South African Education Law
.
The

memorandum of activities included in your study guide Section B: Introduction to South African Education Law is also included. 1.1 FEEDBACK ON ASSIGNMENT 01,

QUESTION 2
Question 2.1
Analyse the scenario and explain under what circumstances either Team Rebone’s coach or JD Smit Secondary School can be liable for the accident by applying five (5) elements of delictual liability. Please note:

This question expects you to discuss and explain the 5 Requirements for delictual liability page 153 of the study guide. This requirements must be explained in the context of the question and be based on the case study. A delict i

s defined as “an act which infringes upon the right of another.” or “... a wrongful and culpable act which has a harmful consequence.” Mr X will be delictually liable if his action complies with the following requirements for delictual liability: (1)

To constitute a
delict,
one person (eg the educator) must have caused harm or damage to another by his or her action or conduct. The conduct must be a voluntary human action and may be either a positive action (ie doing something) or an omission (ie failure to do something). (2)

The act (conduct) which causes harm must be wrongful, that is, it must be legally reprehensible or unreasonable in terms of the legal convictions of the community. To test for unlawfulness, the boni mores

principle is applied. The question here is whether the harm caused was unjustified in the circumstances. In the absence of wrongfulness (eg where there was no intention to harm) a defendant may not be held liable. 4

(3)
The act must be the result of fault in the form of intent
(dolus)
or negligence
(culpa).
Fault refers to the blameworthy attitude or conduct of someone who has acted wrongfully. (4)
There is a causal link between the conduct of the perpetrator and the harm suffered by the victim. In general, it should be shown that the person's injury did result from the actions of the person charged with negligence. In other words, there must be a clear causal relationship between the act and the injury. A person cannot be liable if he or she has not caused any damage. (5)

A
delict
is a wrongful and culpable act which has a harmful consequence. Damages (causing harm) in the form of patrimonial (material) loss or nonpatrimonial loss must be present. There must be a connection between the negligent conduct and the injury (physical or mental). To receive an award for damages, a plaintiff must have suffered an injury as a result of the defendant's negligent conduct. The plaintiff must prove that some damage occurred. Although the injury or damage does not need to be substantial for an award to be ordered, the injury must be real rather than imagined. The courts are generally reluctant to award damages where there is not some form of injury. Educators may be found guilty of negligence if they


fail to...
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