• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site
Menu
  • HSE University
  • Publications of HSE
  • Articles
  • Гражданско-правовая ответственность образовательных организаций за качество обучения: невыносимый парадокс

Article

Гражданско-правовая ответственность образовательных организаций за качество обучения: невыносимый парадокс

Цивилистика. 2020. № 4. С. 166-188.
Будылин С. Л., Тай Ю. В.

At first glance, it seems that a student should be able to bring bad teachers to tort liability in the same way that a bad doctor, lawyer, or plumber can be brought to justice. However, there are insurmountable practical obstacles along the way.

It is almost impossible for a judge considering a student's tort claim against an educational institution to measure the real value of the knowledge that the teacher transmits to the student. Not to mention the fact that it is very difficult for the judge to determine whether the teacher's negligence or the student's laziness is the reason for the poor preparation.

As a result, courts, both American and Russian, almost never satisfy tort claims brought in connection with the quality of training. The exception is cases when it is a direct violation of the written law regulating its activities by an educational institution.

Both the United States and Russia rely on administrative mechanisms rather than civil lawsuits to regulate educational activities. Unfortunately, these mechanisms also have their drawbacks.

The article discusses the issue of civil liability of educational organizations for the quality of education with an illustration of the judicial practice of the United States and Russia.