Melbourne Law School - Theses

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Start date: 2000 × Subject: law and legislation × End date: 2009 × Author: Rochford, Francine ×

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    Liability of the university in negligence
    Rochford, Francine ( 2001)
    The liability of a university for the negligent instruction of students has traditionally been limited by the reluctance of the courts to intervene in internal matters, and particularly in purely academic matters, and the availability of other mechanisms for dispute resolution, notably the jurisdiction of the visitor. This thesis considers these traditional constraints and argues that the changing environment in which the university functions requires a change in approach to the analysis of the liability of universities for negligent instruction. It considers the university systems in Australia and the United Kingdom and, to a lesser extent, the United States, and argues that increasing governmental involvement in the university system could give the university the status of a quasi-governmental organisation. The level of governmental control invites a negligence analysis appropriate to a public body, but that analysis is not likely to lead to significant differences in the outcome. This thesis details the approaches in Australia and the United Kingdom in the analysis of liability of governmental organisations. It then undertakes an analysis of potential liability in negligence. Considerations peculiar to the university context arise at each stage of a negligence analysis, and this thesis analyses the effect of these matters. However, the number of alternative dispute resolution procedures available to the student are likely to divert actions in negligence to other types of proceeding. There is a significant impact on the negligence analysis through administrative remedies, the jurisdiction of the visitor, and statutory protections afforded to the consumer.