Suing the Alma Mater: What loss has been suffered?

Abstract

The commercialisation of the university sector has introduced a real possibility of litigation by dissatisfied students. Various difficulties occur, however, in the analysis of the element of a case in negligence. This article considers the existence of compensable harm suffered by a student suing for generalised 'failure to teach'. It considers recent cases in Australia and the United Kingdom within and outside the context of educational negligence to conclude that compensable damage is a theoretical possibility. It also considers problems of causation, and concludes that the cumulative difficulties of establishing compensable harm and causation provide a significant disincentive to sue in negligence for generalised failure to teach.

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