Preview

How, if at all, does the liability of a university differ regarding references given to potential employers in respect of current students.

Better Essays
Open Document
Open Document
1268 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
How, if at all, does the liability of a university differ regarding references given to potential employers in respect of current students.
Intro To Business Law N1072

University of Sussex
Word count: 1099

December 4, 2013

Critically evaluate, in relation to the common law duty of care, the liability of employers for references. How, if at all, does the liability of a university (such as the University of Sussex) differ regarding references given to potential employers in respect of current (or former) students.

Employers have a certain degree of liability when making statements in a former employee’s reference. Employees and employers have a duty of care, to provide valid descriptions of an individual’s quality and potential as a former employee, and thus a reasonable reference is, truthful and fair. It is up to employers to thus avoid inaccurate references that lead to negligent misstatements or misinterpretations on their part. It is known that in tort, liability arises by fault of a particular party or defendant. In other words, the modern causation of negligence is formed by evidence that coincide with people or companies that had a certain duty to provide civil obligations but their actions lead to a foreseeability of damage. To expand on this general area of tort law and compare it to that of a university and former student, cases have to be mentioned where the establishments of these rules were made to defend breaches in duty of care.

Negligence as law was first conceptualized in Donoghue v Stevenson1. The claimant’s case was successful against the manufacturer (defendant) of the ginger beer and went on to institute “the modern law of negligence and established the neighbor test”.2 The case is relevant as it expanded the idea that tort of negligence could arise in other situations. Lord Atkin stated what is known as his ‘neighbor speech’, where in order for the defendant to have duty of care for a claimant, “there should exist between the party owing the duty and the party to whom it is owed, a relationship characterized by the law as one of proximity or



Bibliography: 1. "Donoghue v Stevenson." Donoghue v Stevenson. N.p., n.d. Web. 03 Dec. 2013. . 2. Maclntyre, Ewan. "The Law of Torts 1." Introduction to Business Law. 2nd ed. Essex: Pearson Education, 2012. 258-304. Print. 4. "Neighbour Principle." Law Teacher. N.p., n.d. Web. 03 Dec. 2013. .

You May Also Find These Documents Helpful

  • Better Essays

    The purpose of this paper is to explore the nature and extent of this duty of confidentiality and legal options available to the employer if this duty is breached.…

    • 1023 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Reference helps to identify applicant’s education and employment history, personal capability, dependency and trustworthiness. However, applicants will only use their trusted references and recommendations. Therefore, it is possible not know the other side of the applicant.…

    • 285 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The hiring process can be draining and drown out. Searching for the right candidate to fill the position can be compared to finding a needle in a hay stack. Many employers have an idea/visual of how the replacement of what qualifications the new employee should acquire before the training process take place. With employee selection, assessment and decision making process should be carefully assessed to ensure that there are no laws broken were potential law suits can be filed. This paper will discuss the legal issues that may arise if the above processes are not handled with precaution.…

    • 917 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Common Law Duty Of Care

    • 1007 Words
    • 5 Pages

    For this essay, the key case, which I will evaluate, is Spring v Guardian Assurance plc. I also want to evaluate some another case: McKie v Swindon College. I am going to focus on the pure economic loss, breaching of duty, liability for psychiatric injury and a view about the references which are given by universities.…

    • 1007 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    4. Can Bob’s refusal to answer questions at interview, on the basis of legal advice, cause an ‘adverse inference’ to be drawn?…

    • 3249 Words
    • 13 Pages
    Powerful Essays
  • Satisfactory Essays

    torts

    • 2550 Words
    • 11 Pages

    Aplin, ‘The development of the action for breach of confidence in a post-HRA era’ [2007] IPQ 19-59…

    • 2550 Words
    • 11 Pages
    Satisfactory Essays
  • Better Essays

    Irish politics

    • 1882 Words
    • 8 Pages

    When I was presented with the essay title ‘employers liability in tort for injuries suffered by employees at work’ immediately I was interested as I soon realised this law is highly relevant in all our day to day lives . This topic holds a lot of confusion and is a very complex. A lot of uncertainty surrounds the law, this is why I have choose to crytically analyse it thouroughly so I can gain a greater knowledge and hopefully write a great essay. At first I will begin with a brief intoduction into emplyers liability and discuss and analyse how it has developed through history to now. Then I will continue on to make a critical analsis of the law using a variety of cases accompanied by well thought out conclusions and opinions by myself.…

    • 1882 Words
    • 8 Pages
    Better Essays
  • Powerful Essays

    tort

    • 3920 Words
    • 11 Pages

    Deakin S, Johnston A & Markesinis B, Markesinis And Deakin’s Tort Law (7th edn OUP, Hampshire 2013)…

    • 3920 Words
    • 11 Pages
    Powerful Essays
  • Better Essays

    Tort Law

    • 2393 Words
    • 10 Pages

    LAW In this case we are dealing with tort law and more specifically negligence in tort law.…

    • 2393 Words
    • 10 Pages
    Better Essays
  • Good Essays

    Case Law Analysis

    • 780 Words
    • 3 Pages

    Respondent Hoeper was a pilot Air Wisconsin Airlines Corp having been employed with the company for an unknown amount of time. When Air Wisconsin stopped flying from Hoeper's home base on aircraft that he was certified to fly, he needed to become certified on a different type of aircraft to keep his job. After Hoeper failed his first 3 attempts at the certification process, Air Wisconsin granted Hoeper a fourth and final assessment. Hoeper failed to do well on the final assessment, and in anger, began raising his voice,…

    • 780 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Vicarious Liability

    • 29785 Words
    • 120 Pages

    This article proposes a theory of vicarious liability which attempts to explain the central features and limitations of the doctrine. The main premise of the article is that the common law should continue to impose vicarious liability because it can co-exist with the current tort law regime that imposes liability for fault. The author lays out the central features of the doctrine of vicarious liability and examines why the leading rationales (such as control, compensation, deterrence, loss-spreading, enterprise liability and mixed policy) fail to explain or account for its doctrinal rules. The author offers an indemnity theory for vicarious liability and examines why the current rules of vicarious liability are limited in application to employer-employee relationships and do not extend further. It is proposed that the solution to the puzzle of vicarious liability rests within the contractual relationship between employer-employee and not the relationship between the employer and the tort victim. The proposed indemnity theory implies a contract term that indemnifies the employee for harms suffered in the course of his or her employment. Vicarious liability then follows from an application of the contractual concepts of subrogation and indemnity to the particular relationship between employee, employer and tort victim. Finally, the article discusses and attempts to resolve the possible criticisms that may follow the indemnity theory, including concerns that it is in conflict with leading decisions, including Lister v. Romford, Bazley v. Curry and Morgans v. Launchbury.…

    • 29785 Words
    • 120 Pages
    Powerful Essays
  • Better Essays

    Case Study

    • 941 Words
    • 3 Pages

    This case study analysis describes Sam Adams dilemma, whether or not to give a favorable recommendation to the board of directors for his friend and former colleague Bud Wizer. Sam was told by corporate that Bud listed him as a personal and professional reference on his job application. This triggered emotional turmoil in Sam because his friend was allegedly fired for sexual harassment from his last position. Sam’s values and moral standards will be tested during this analysis. Will Sam be loyal to his friend and say yes, or will he be loyal to his company and tell what he thinks he knows? I will use Professor Badaracco framework, questions and test to analyze Sam’s dilemma and provide recommendations for what he may say to the board of directors.…

    • 941 Words
    • 3 Pages
    Better Essays
  • Better Essays

    Vicarious Liability

    • 990 Words
    • 4 Pages

    Under the English Common Law, Vicarious liability is a principle of the tort laws. The law imposes liability of employees and agents to their employers. Under this law, the liability of any tort committed by an employee that falls under the scope of his duties to the employer is transferred to the employer. This includes both the intentional and unintentional torts. The inclusion of the intentional torts came in to effect after the ruling in the case of Lister V Hensley Hall Limited. Before this case, intentional torts were not considered for vicarious liability. The reason for vicarious liability is to allow the injured parties to have better means of recovering their damages as employers are well placed to offer indemnity. This is because they have a comparatively immense number of assets than their employees and are economically well placed to pay damages. Vicarious liability has also proved to be a good way of reducing risks taking by employers and ensuring that sufficient precautions are observed in doing business. For vicarious liability to hold, the court must identify sufficient connection between the offender and the employer. The employer will be held responsible for the torts committed by his employers while performing their duties after ascertaining the above conditions (Emanuel 2009).…

    • 990 Words
    • 4 Pages
    Better Essays
  • Better Essays

    Contract Law

    • 2681 Words
    • 11 Pages

    [ 43 ]. C.C. Turpin, ‘Case and Comment’ The Cambridge Law Journal (1972) 30(1) [21] at 24 April 2011…

    • 2681 Words
    • 11 Pages
    Better Essays
  • Powerful Essays

    Vicarious Liability

    • 4730 Words
    • 19 Pages

    I would take this opportunity to thank the people who helped me in making this project which has been a learning experience. In that endeavour, first and foremost I would express my gratitude toward my professor of Law of Torts Ms Manjula Batra. Her immense knowledge and teaching skills along with her helping disposition are where all of this stemmed from. Next, I would thank my seniors in the faculty who gave us guidelines as to how to go about the research. These are the people who were always there with me in the making of this project. Heartfelt thanks to all the above-mentioned people.…

    • 4730 Words
    • 19 Pages
    Powerful Essays