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      Liability for the payment of public school fees

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          Abstract

          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.

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          Most cited references25

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          Willes Principles of South African Law

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            Child Law in South Africa

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              The Law of Contract in South Africa

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                Author and article information

                Contributors
                Role: ND
                Journal
                pelj
                PER: Potchefstroomse Elektroniese Regsblad
                PER
                Publication of North-West University (Potchefstroom Campus) (Potchefstroom )
                1727-3781
                2011
                : 14
                : 6
                : 33-60
                Affiliations
                [1 ] University of KwaZulu-Natal (Pietermaritzburg Campus)
                Article
                S1727-37812011000600003
                72ce2178-dbcb-4188-83ca-c4eda6305a9d

                http://creativecommons.org/licenses/by/4.0/

                History
                Product

                SciELO South Africa

                Self URI (journal page): http://www.scielo.org.za/scielo.php?script=sci_serial&pid=1727-3781&lng=en
                Categories
                Law

                General law
                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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