Abstract

CARNELLEY, M. Liability for the payment of public school fees. PER [online]. 2011, vol.14, n.6, pp.33-60. ISSN 1727-3781.

SUMMARY 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.

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.

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