Liability for the payment of public school fees
Abstract
The author highlights some legal issues regarding the liability of parents and other
individuals to pay public school fees in the light of recent judicial precedent,
specifically Fish Hoek Primary School v GW 2009 JOL 24624 (SCA). The various
possible legal bases for the liability for such fees are examined. In this regard the
common law duty to maintain as amended by legislation; contractual liability; and the
concepts of household necessaries, stipulatio alteri, negotiorum gestio and
unjustified enrichment are considered.