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Article
Educational Malpractice and Setting Damages for Ineffective Teaching: A Comparison of Legal Principles in the U.S. A., England and Australia
Law Faculty Articles and Essays
  • Ralph Mawdsley, Cleveland State University
  • Joy Cumming
Document Type
Article
Publication Date
1-1-2008
Disciplines
Abstract
The extent to which educational institutions and their teachers in the USA, England, and Australia should bear legal responsibility in damages for ineffective classroom teaching is the subject of this article. At the heart of the controversy regarding educational malpractice is the issue of remedies. Federal and state courts in the USA have resisted awarding damages where such an award would appear to sound in educational malpractice. However, although courts in Australia have yet to declare with any degree of certainty, they appear positioned to follow the English approach that ostensibly acknowledges a school's duty of care to provide effective education for all children.
Citation Information
Ralph Mawdsley and Joy Cumming. "Educational Malpractice and Setting Damages for Ineffective Teaching: A Comparison of Legal Principles in the U.S. A., England and Australia" Vol. 20 (2008) p. 25 - 46
Available at: http://works.bepress.com/ralph_mawdsley/69/