St Mark's Orthodox Coptic College v Abraham

[2007] NSWCA 185

NSW Court of Appeal

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Interrogate

Catchwords

1. Tort
2. › Negligence
3. › Duty of care
4. › Parental duty of care to child
5. › Whether parent owes duty of care to child when leaving child at school before formal supervision
6. › Whether duty arises from particular situation rather than parent-child relationship
1. Tort
2. › Negligence
3. › Breach of duty
4. › Standard of care
5. › Parental conduct in dropping child at school
6. › Whether risk of harm on brink of foreseeability
7. › Whether parent's decision reasonable in practical realities of everyday living
8. › Whether risk to be assessed by parent differed from risk to be assessed by school
1. Tort
2. › Negligence
3. › Contribution between tortfeasors
4. › Cross-claim by school against parent
5. › Whether parent liable to contribute to school's liability

Quick Take

A parent who takes a child to school and leaves the child there before formal supervision has commenced owes the child a duty of care arising from the particular situation, not from the parent-child relationship per se. However, the risk a parent must assess differs substantially from the risk a school must assess: the school considers the risk to all students over a prolonged daily period, while the parent considers the risk to the individual child on a single occasion. A parent's decision to leave a child at school for a brief period before formal supervision, where the risk of harm is on the brink of foreseeability and the parent has given express instructions, may be reasonable in the practical realities of everyday living.