Law and South African Education Composition

Tutorial notice 202/1/2014

The Educator as Leader Director and Supervisor

Division of Educational Leadership and Management

This training letter contains important information about your module. EDLHODM

Semester one particular

2

CONTENTS

Page no

you SECTION M: INTRODUCTION TO TO THE SOUTH AFRICAN EDUCATION LAW………………………….. …. 3 a couple of EXAMINATION PAPER: SECTION N: INTRODUCTION TO SOUTH AFRICAN EDUCATION LAW

... 6th

3 NOTA OF ACTIVITIES INCLUDED IN THE ANALYZE GUIDE………………….. …………...... 8 4 A FINAL WORD………………………………………………………. …….. ……………………………….. 18 EDLHODM/202

several

1 . SECTION B: INTRODUCTION TO TO THE SOUTH AFRICAN EDUCATION LAW

Dear Student Please note that this tutorial notice relates to the sole study guideline

for EDLHODM.

The purpose of this kind of tutorial letter is to give feedback in assignments 01, question 2, Section W: Introduction to South African Education Law

,

to demarcate the field of study intended for the assessment and to supply the format in the exam daily news for Section B: Introduction to South Photography equipment Education Regulation

.

The

memorandum of activities included in your study guide Section W: Introduction to South African Education Law is likewise included. 1 ) 1 RESPONSES ON ASSIGNMENT 01,

QUESTION 2

Issue 2 . one particular

Analyse the scenario and explain underneath what instances either Group Rebone's coach or JD Smit Second School could be liable for the accident by utilizing five (5) elements of delictual liability. Please note:

This kind of question expects you to go over and clarify the five Requirements for delictual liability page 153 of the study guide. This kind of requirements should be explained inside the context in the question and be based on the truth study. A delict my spouse and i

s defined as " an work which infringes upon the best of another. ” or "... a wrongful and culpable act which has a dangerous consequence. ” Mr Times will be delictually liable if perhaps his action complies together with the following requirements for delictual liability: (1)

To constitute a

delict,

one person (eg the educator) should have caused harm or damage to another by simply his or her actions or perform. The carry out must be a voluntary man action and may even be either a positive actions (ie doing something) or an omission (ie failure to do something). (2)

The act (conduct) that causes harm should be wrongful, that is, it must be legitimately reprehensible or unreasonable in terms of the legal convictions in the community. To check for unlawfulness, the excedent mores

principle can be applied. Problem here is perhaps the harm triggered was unjustified in the conditions. In the lack of wrongfulness (eg where there was not a intention to harm) a defendant may not be held liable. 4

(3)

The act must be a result of fault in the form of intent

(dolus)

or negligence

(culpa).

Wrong doing refers to the blameworthy frame of mind or carry out of someone that has acted wrongfully. (4)

There is a causal link between conduct of the perpetrator and the harm experienced by the patient. In general, it should be shown that the person's personal injury did result from the activities of the person charged with negligence. Put simply, there must be a definite causal romantic relationship between the take action and the personal injury. A person cannot be responsible if he or she hasn't caused any damage. (5)

A

delict

is a wrongful and causante act that includes a harmful outcome. Damages (causing harm) as patrimonial (material) loss or perhaps nonpatrimonial reduction must be present. There must be a connection between the negligent conduct plus the injury (physical or mental). To receive a great award to get damages, a plaintiff must have suffered a personal injury as a result of the defendant's at fault conduct. The plaintiff need to prove that a few damage occurred. Although the injury or destruction does not need to become substantial pertaining to an award to be purchased, the damage must be true rather than dreamed. The tennis courts are generally hesitant to prize damages where there is not some form of damage. Educators may be found doing negligence if they

fail to...



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