Legal Responsibilities in Education

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5 Questions

What is another term for legal responsibilities?

Obligations

What is an example of a statutory obligation?

A parent's duty to send their children to school

What is the principle stated in section 4 of the Education Act 1990?

Every child has the right to education

What is the basis of the duty of care in common law?

Donoghue v Stevenson

Who owes a duty of care according to the principle in Donoghue v Stevenson?

All persons who are likely to be closely and directly affected

Study Notes

  • Legal responsibilities are also referred to as 'obligations' or 'duties'.
  • Statutory obligations are duties imposed by laws or Acts, such as the Education Act 1990 (NSW).

Statutory Obligations

  • Parents have a duty to send their children to school or arrange for home schooling.
  • The state has a duty to ensure every child receives the best possible education and provide public schools.
  • The principle behind these duties is that every child has the right to an education, as stated in Section 4 of the Education Act 1990 (NSW).

Common Law Responsibilities

  • Common law imposes legal responsibilities, such as the duty of care.
  • The duty of care is owed to all persons who are likely to be 'closely and directly affected' by one's behaviour.
  • A duty of care example is a supplier's responsibility to ensure their products do not injure or harm consumers, as established in Donoghue v Stevenson AC 562.
  • A soft drink manufacturer, as a supplier, must take care to prevent harm to their consumers.

This quiz covers legal obligations and duties in the education system, including parental responsibilities and state duties.

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