Home' Teacher : July 2010 Contents 52 TEACHER JUNE/JULY 2010
Contracts are a part of day-to-day life. Each
time we purchase clothes, park in a public
car park or enter into a mobile phone plan
we make a contract.
Contracts also affect schools and teach-
ers on a daily basis. Contracts are entered
intoby schools withmany people, from par-
ents and staff to cleaners and suppliers of
goods. It's the contracts schools sign with
parents, though, that arguably create the
greatest risks. This is particularly sofor pri-
vate schools that enter into contracts with
parents for the en rolment and schooling of
As schools try to create more innova-
tive curricula, increased on- campus and
off- campus activities are incorporated into
school education. This leads to a heightened
focus on the actions of schools and teach-
ers in protecting students, which in turn
requires schools and teachers to seek protec-
tion themselves by way of exclusion clauses
What is a contract?
A contract is a promise which is binding
upon the parties who enter into it.
The following circumstances need to
exist to make a binding contract:
the parties must have intended to make
an agreement with regards to the matter
consideration, typically in the form of
money, must be provided by one party to
the other in exchange for something, and
the parties musthave an intention to cre-
ate legal relations between themselves.
Contracts can be verbal, in writing or a
combination of both and may include some
How do contracts affect schools?
Aside from the contracts entered into for
administrative matters, schools may enter
into contracts with parents on behalf of
students and with students themselves. As
persons who are under 18 years of age are
considered by the law to be minors, it's the
parents of students who usually enter into
contracts on the students' behalf.
Contracts entered into on behalf of stu-
dents can relate to the promise of the provi-
sion of resources and facilities in order to
educate a student and can take the form of
enrolment forms, advertising brochures and
websites. For these reasons, it's important
that such documents, including promo-
tional material, do not contain false state -
ments or guarantees which are misleading
Probably the most important of all con-
tracts entered into on behalf of students are
those which affect their safety.
Permission slips which are sent to parents
for excu rsions, camps, sports days and other
activities are forms of contracts. They evi-
dence an agreement between the parent of
the student and the school that, usually in
exchange for a fee, the student will be able
to partake in the activity.
SCHOOLS AND TEACHERS SHOULD BE AWARE OF THE OBLIGATIONS WHICH THEY CAN
AND CANNOT CONTRACT OUT OF, AS LENEEN FORDE AND KATERINA POULAKIS EXPLAIN.
Links Archive May 2010 August 2010 Navigation Previous Page Next Page