现在在dispute tribunal第三次hearing。我要如何证明学校breach了consumer guarantees act 1993?
我现在可以查到最相关的是section 28. Guarantee as to reasonable care and skillSubject to section 41 of this Act, where services are supplied toa consumer there is a guarantee that the service will be carriedout with reasonable care and skill.
请相关专业人士指导。。。。。。谢谢。作者: 无过 时间: 2009-8-24 22:57:31
等大律师出现解答~~~作者: Buffy 时间: 2009-8-24 22:58:32
额。。跪求答案。。。呵呵。。。
实在不行,我只能用education act 1989的条例去辩论了。。。。作者: Buffy 时间: 2009-8-25 10:23:45
原帖由 铁牛 于 2009-8-25 13:32 发表
everyone has got flu from someone else in school or work place, I cant see how any law can possibly stop this.
Yes, it’s possible to contract any disease from anywhere else. The point I'm trying to prove is school has neglected duty to prevent students contracting infectious disease from a teacher. Especially there is a suspicion that this teacher may have chicken pox which is a serious infectious disease.
Education Act and Health regulation both state a school has legal duty to exclude teachers and students who have an infectious disease...
如果您真的可以证明损失,如果不是身体上的话,那么我觉得可以考虑普通法所包括的Torts相关的Negligence来进行诉讼。i.e. Your teacher owed you a duty of care not to harm you and your health whilist being a teach giving education through his or her service.
第一被告为老师,第二为学校。两者之间的联系为,the second Defendant is vicariously liable through the conduct of the first Defendant.
而Disputes Tribunal 能够根据CGA接受您的起诉算是比较幸运了。作者: Buffy 时间: 2009-8-26 09:11:37