Pregledni rad
https://doi.org/10.31141/zrpfs.2021.58.139.349
Due care of ski-instructors: how would act a professional in the same circumstances
Blanka Kačer
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Darko Dumančić
Štefan Štefanek
Sažetak
In this paper, the authors analyse the content of the legal requirement of due diligence (duecare) of ski teachers (instructors) against ski-school students. The authors suggest incorporating due diligence learning into the ski teacher licensing programs. The starting hypothesis is that the attention of a ski instructor corresponds to the legal requirement of increased duty of care – the diligence of a competent expert, which is sought to be confirmed by researching of the topic. The counterargument to this hypothesis is the circumstance that, skiing teaching is a supplemental activity for ski instructors, almost without exception, which is performed in addition to some other main (often non-sporting) professional avocation. The research and analysis reinforced the hypothesis, especially when considering the requirements for ski instructor licenses, the characteristics of the relationship between ski instructors and students. Therefore, we decided to further investigate the legal sources of the ski instructor due diligence and its specific manifestations. The results of this paper have a direct impact on increasing the awareness of ski teachers (as well as their associations) on the understanding of due diligence, the need of a constant knowledge and skills upgrading (lifelong learning) and the effects of omissions to act with due care on the legal position of instructors (primarily the damage liability occurrence). The results prove the justification of the proposed inclusion in the ski teacher licensing programs of knowledge about the due diligence owed to students.
Ključne riječi
due diligence (due care); instructor; obligation; skiing; ski teacher; student; teaching
Hrčak ID:
252098
URI
Datum izdavanja:
9.2.2021.
Posjeta: 2.040 *