“Contributory intent” refers to the situation where, besides the defendant being at fault and causing harm to the plaintiff, the plaintiff also intentionally causes harm to him- or herself. “Contributory intent” can have the effect of either excluding the defendant’s liability (on the ground that the plaintiff's voluntary assumption of risk or intent completely cancels the defendant's negligence and therefore liability), or limiting the defendant’s liability (where both parties intentionally cause the plaintiff's loss thereby resulting in the reduction of the defendant’s liability). Under our law the "contributory intent" of the plaintiff, can either serve as a complete defence in terms of common law or it can serve to limit the defendant's liability in terms of the Apportionment of Damages Act 34 of 1956. The “Apportionment of Loss Bill 2003” which has been prepared to replace the current Act provides for the applicability of “contributory intent” as a defence limiting liability, but it is yet to be promulgated. / Criminal and Procedural Law

“Contributory intent” refers to the situation where, besides the defendant being at fault and causing harm to the plaintiff, the plaintiff also intentionally causes harm to him- or herself. “Contributory intent” can have the effect of either excluding the defendant’s liability (on the ground that the plaintiff's voluntary assumption of risk or intent completely cancels the defendant's negligence and therefore liability), or limiting the defendant’s liability (where both parties intentionally cause the plaintiff's loss thereby resulting in the reduction of the defendant’s liability). Under our law the "contributory intent" of the plaintiff, can either serve as a complete defence in terms of common law or it can serve to limit the defendant's liability in terms of the Apportionment of Damages Act 34 of 1956. The “Apportionment of Loss Bill 2003” which has been prepared to replace the current Act provides for the applicability of “contributory intent” as a defence limiting liability, but it is yet to be promulgated. / Criminal and Procedural Law / LL. M.

Harming the dignity of the learner; refusing to hear his side of the story; neglecting to help him retrieve his stolen property : such are the unfortunate occurrences at many South African schools, and such are the experiences that have led to this research. Dedicated educators sometimes default, leaving their wronged learners out m the cold. The questions are therefore: • What causes this conduct of educators and why does it recur? • Is it ignorance of their legal position? • Is it insensitivity to common law principles and statutory provisions? • Is it sheer carelessness? Mindful of the introduction of the South African Constitution Act 108 of 1996, wh1ch contains the long-awaited Bill of Fundamental Rights, this study has been undertaken to give an educational-juridical perspective of the educator-learner relationship 1n South African public schools by means of a literature study and an elementary legal comparative study. Various legal terms which influence the educator-learner relationship significantly are defined. In conjunction with the private law status of the learner, the position of the learner within the school system, and the fundamental rights of the learner in the context of the administration of justice are identified and dealt with in so far as they have any bearing on the educator-learner relationship, Moreover, the legal determinants of the educator-learner relationship and the educator's duty of care are pinpointed to determine their significance in an accountable, responsive and open educator-learner relationship, A comparative school law perspective of the sources of school law, the duties and responsibilities of educators, the fundamental rights and legal obligations of the learner, the educator's duty of care, discipline and legal liability in England and Wales, Canada, Japan, and South Africa is presented in terms of similarities and differences, Attention is paid to the necessity of informing educators and learners concerning their respective rights and duties, in order to develop accountable, responsive and open educator-learner relationships in South African schools, / Thesis (Ph.D.)--Potchefstroom University for Christian Higher Education, 2000

Harming the dignity of the learner; refusing to hear his side of the story; neglecting to help him retrieve his stolen property : such are the unfortunate occurrences at many South African schools, and such are the experiences that have led to this research. Dedicated educators sometimes default, leaving their wronged learners out m the cold. The questions are therefore: • What causes this conduct of educators and why does it recur? • Is it ignorance of their legal position? • Is it insensitivity to common law principles and statutory provisions? • Is it sheer carelessness? Mindful of the introduction of the South African Constitution Act 108 of 1996, wh1ch contains the long-awaited Bill of Fundamental Rights, this study has been undertaken to give an educational-juridical perspective of the educator-learner relationship 1n South African public schools by means of a literature study and an elementary legal comparative study. Various legal terms which influence the educator-learner relationship significantly are defined. In conjunction with the private law status of the learner, the position of the learner within the school system, and the fundamental rights of the learner in the context of the administration of justice are identified and dealt with in so far as they have any bearing on the educator-learner relationship, Moreover, the legal determinants of the educator-learner relationship and the educator's duty of care are pinpointed to determine their significance in an accountable, responsive and open educator-learner relationship, A comparative school law perspective of the sources of school law, the duties and responsibilities of educators, the fundamental rights and legal obligations of the learner, the educator's duty of care, discipline and legal liability in England and Wales, Canada, Japan, and South Africa is presented in terms of similarities and differences, Attention is paid to the necessity of informing educators and learners concerning their respective rights and duties, in order to develop accountable, responsive and open educator-learner relationships in South African schools, / Thesis (Ph.D.)--Potchefstroom University for Christian Higher Education, 2000