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The alternative for the aggrieved student would be to frame the claim in terms of breach of common law duty of care, which, following the Barrett [link to come] and Phelps [View] litigation appears to be open to the student to argue on grounds of ?educational malpractice' or ?academic negligence' (see the ?HEI-Student Tort Law Relationship' page of this Casebook for detailed analysis of this common law duty of care)...
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However, when one considers the particulars of the University of Wolverhampton case it appears likely that the claim was not framed in terms of breach of common law duty. This is because a Barrett [link to come]/Phelps [View] claim would allow a student to point to certain individuals guilty of negligence, and allege the HEI vicariously liable on their behalf...
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General points of the essay
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