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SGDU6043

LEGAL ASPECTS IN EDUCATIONAL


MANAGEMENT

LIABILITY OF SCHOOLS AND NEGLIGENCE OF


TEACHERS

Dato Abd Rahman bin Yop


UUM College of Arts and Sciences

Responsibilities of Teachers as stated in the


teachers Code of Ethics
We teachers of Malaysia, believe that the
primary purpose of education is to develop
enlightened, loyal, responsible and able
students who will recognize the supreme
importance of the pursuit of truth and
aspiration to excellence, and will believe in
democracy, the freedom of the individuals and
the Principles of the National Ideology, the
Rukunegara.

Cont
We therefore adopt the following Code of
Ethics as our guide to enable us to practise our
profession according to the highest ethical
standards:
Responsibility to students
Responsibility to parents
Responsibility to society and the nation
Responsibility to colleges and the profession

Law of Tort (definition)


Tortious libility arises from the breach of a
duty primarily fixed by the law, the duty is
towards persons generally and its breach is
redressible by an action for unliquidated
damages.
(Windfield)

Law of Tort (definition)


Tort menerangkan soal tuntutan dan dakwaan
berkaitan kerugian, kecederaan dan kesakitan.
(Abd Ghani 1985)

Peranan undang-undang Tort adalah


menentukan soal-soal liabiliti dan ganti rugi
yang dituntut dalam kesalahan sivil.

Law of Tort (definition)


Kecuaian atau negligence sebagai Tort adalah
perlanggaran kewajipan undang-undang untuk
berjaga-jaga oleh defendan yang
mengakibatkan kerosakan yang tidak
diinginkan kepada plantif.
(Roger, W.V.H, 1994)

Definition of Negligence
Negligence is defined as the breach of a legal
duty to take care which results in damage,
undesired by the defendant, to the plaintiff.
(Windfield and Jolowicz on Tort)

The Ingredients of Negligence


a legal duty on the part of A towards B to
exercise care in such conduct of A as falls
within the scope of the duty
Breach of that duty
Consequential damage to B
Proximity to the cause of injury

Teacher Negligence :
is related to physical harm or injury to
students
Educational Negligence :
Failure of the teacher to educate his students

3 situation where students are exposed to


injury
When the teacher exposes his student to
dangerous activities and he himself neglects
the aspects of safety.
When the teacher does not take preventive
measures to avoid injury to students.
When the teacher does not give clear
instructions especially in activities which
might cause injury.

In loco parentis
In loco parentis is a legal responsibility of a
person or organization to take care on some of
the functions and responsibility of a parent.

Objectives of The Law of Tort


It seeks to compensate victims for injuries,
suffered by the culpable action or inaction of
others
It seeks to shift the cost of such injuries to the
person or persons who are legally responsible
for inflicting them.

Objectives of The Law of Tort /


It seeks to discourage injurious, careless, and
risky behaviour in the future
It seeks to vindicate legal rights and interests
that have been compromised, diminished, or
emasculated

Cases related to negligence


Mohd Raihan bin Ibrahim & Anor v
Government of Malaysia & Ors
Yogeswari Nadarajah & Anor v Government of
Malaysia
Jumat bin Mohamed & Anor v Government of
Malaysia & Ors
Zazlin Zahira Hj. Kamarulzaman v Louis Marie
Neube Rt. Ambrose a/l Ambrose & Ors.
Etc

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