Student Drivers and the Fiduciary Duty of School Boards |
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Authors: | James Kent Donlevy Dianne Gereluk Jim Brandon Peggy Patterson |
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Institution: | 1.University of Calgary,Calgary,Canada |
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Abstract: | Following E.D.G. v. Hammer, Canadian law has held that school boards, although they have a fiduciary duty to their students, do not guarantee the safety of their students from the acts of their employees. The scope of that fiduciary duty is narrow, restricted to a board acting with disloyalty, in bad faith, or in a conflict of interest to its students, which causes them injury. This paper takes the position that the scope of that duty should include cases where a school board’s policy allows students to use their own cars to drive fellow students to school-sponsored functions. |
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