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Liability for the Payment of Public School Fees

Author(s): M Carnelley

Journal: Potchefstroom Electronic Law Journal
ISSN 1727-3781

Volume: 14;
Issue: 6;
Start page: 33;
Date: 2011;
Original page

Keywords: South African Schools Act | parental liability | guardian | custodian | persons who voluntary undertake the responsibility | public school fees | duty to maintain | contractual liability | stipulatio alteri | negotiorum gestio | unjustified enrichment

The author highlights some legal issues regarding the liability of parents and other individuals to pay public school fees in the light of recent judicial precedent, specifically Fish Hoek Primary School v GW 2009 JOL 24624 (SCA). The various possible legal bases for the liability for such fees are examined. In this regard the common law duty to maintain as amended by legislation; contractual liability; and the concepts of household necessaries, stipulatio alteri, negotiorum gestio and unjustified enrichment are considered.
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