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

Better Essays
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

  • Powerful Essays

    Employers Liability

    • 1844 Words
    • 8 Pages

    Employers Liability and breach of statutory duty Employers liability have both a common law and statutory aspect. Common law = found in tort of negligence. Duties are only owed to employees. Not owed to IC and visitor’s (Occupiers liability) Common Law Basic duty owed at common law by an employer to an employee is founded on the tort of negligence. Authority derives from: Wilsons and Clyde Coal v English [1938] AC 57 Employers have the duty at common law to take reasonable…

    • 1844 Words
    • 8 Pages
    Powerful Essays
  • Better Essays

    current liabilities

    • 1011 Words
    • 5 Pages

    RUNNING HEAD: CURRENT LABILITIES Current Liabilities Week 3 Assignment Beverly Clarkson November 23, 2014 Daniel Carraher RUNNING HEAD: CURRENT LIABILITIES…

    • 1011 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    NEGLIGENCE: THE EMPLOYER’S DUTIES Employers Liability in Negligence • May be personally liable to employees who injure themselves. • May be personally liable to employees who are injured by another employee or sometimes by an independent contractor employed by the employer. • May be vicariously liable if one employee is injured by another employee. NOTE: • Employees may also be able to recover from statutory workers compensation schemes. • Employees’ rights at common law may be restricted…

    • 1913 Words
    • 8 Pages
    Powerful Essays
  • Satisfactory Essays

    Current Liabilities and Contingencies Current assets are cash or other assets that can reasonably be expected to be converted into cash, sold, or consumed in operations within a single operation cycle or within a year if more than one cycle is completed each year. Current liabilities are obligations whose liquidation is reasonably expected to require use of existing resources properly classified as current assets, or the creation of other liabilities. Accounts Payable or trade accounts payable…

    • 404 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    How Does Syphilis Differ

    • 1494 Words
    • 6 Pages

    Syphilis has been a major global public health problem worldwide and in all healthcare organizations for the past decades. Despite numerous prevention and intervention efforts, the overall rates of the case of syphilis in the CDC have not decreased significantly over time. In fact, according to the article, Syphilis: using modern approaches to understand an old disease, “the CDC reported that 25% of primary and secondary syphilis cases occurred in person coinfected with HIV, and the incidence rate…

    • 1494 Words
    • 6 Pages
    Good Essays
  • Best Essays

    Managing Current Liabilities

    • 2577 Words
    • 11 Pages

    Running head: MANAGING CURRENT LIABILITIES Managing Current Liabilities: The Great Balancing Act 06/26/2011 One of the most crucial steps in running a major corporation is ensuring that the balance sheet truly reflects the viability of the company. If investors feel that a firm holds too much debt reflecting in poor financial ratios, their stock price may become depressed resulting in angry shareholders. Therefore, why do companies engage in leveraging activities and worry about contingencies…

    • 2577 Words
    • 11 Pages
    Best Essays
  • Good Essays

    Employer Reference Letter

    • 393 Words
    • 2 Pages

    Dear Sir/Madam, I would like to take this opportunity to offer a formal recommendation for Miss ABC, for admission into DEF College for the MBA Program. Being the Managing Director, and Shareholder of OTB Creative Concepts since 2006, I have known Miss ABC for more than two years now. My company has dealt with her on separate small projects before, and lately, ABC joined our team as an “Operations Consultant”, leading the development and Implementation of a comprehensive Manual of policies and…

    • 393 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Ch8 Student: ___________________________________________________________________________ 1. Delta, Northwest, and United Airlines have all, at one time, filed for bankruptcy. True 2. In a classified balance sheet, we categorize all liabilities as current. True 3. False A line of credit is an informal agreement that permits a company to borrow up to a prearranged limit without having to follow formal loan procedures and paperwork. True 9. False We record interest expense in the period in…

    • 8283 Words
    • 49 Pages
    Powerful Essays
  • Good Essays

    has the technical qualifications and mental turpitude for admission to your prestigious program, but also has demonstrated the leadership, business acumen, management ability, technical expertise, and oral and written skills necessary to succeed in all that he endeavors. As John's supervisor at The Insurance Bank for the past two years, I have observed his substantial skills first hand and have been astonished with his level of performance at such a young age. Although I am four years his senior…

    • 5590 Words
    • 23 Pages
    Good Essays
  • Powerful Essays

    CHAPTER 15 Current Liabilities Management INSTRUCTOR’S RESOURCES Overview This chapter introduces the fundamentals and describes the interrelationship of net working capital, profitability, and risk in managing the firm's current liability accounts. The management of current liabilities requires choosing appropriate levels of financing and involves trade-offs between risk and profitability. This chapter also reviews sources of secured and unsecured short-term financing, including the…

    • 4391 Words
    • 18 Pages
    Powerful Essays