preview

The Importance Of Relation To The Common Law Duty Of Care

Decent Essays
Introduction:
Job references are crucial as they can be a deciding factor in whether or not a person will get a job. Therefore, they should reflect a person accurately, and if they do not, it is important to question if the employer is liable for writing a bad reference. This will be discussed in relation to the common law duty of care, as well as being linked to the liability of Universities in respect of students.

Discussion:
Firstly, it is important to establish whether the employer owes a duty of care or not. The case of Caparo v Dickman resulted in a three stage test about duty of care and to address responsibility in determining where the liability of the financial loss lies. The test ruled “The harm caused by the negligent actions must be reasonably foreseeable; the relationship between the parties to the dispute must be one of reasonable proximity; and it must be fair, reasonable, and just to impose liability.” This test provides a qualification for establishing duty of care. Linked to this, in the Spring v Guardian Assurance case it was decided that there was a duty of care owed to the employee. If they duty is violated, then the liability of the economic losses suffered by the employee are given to the employer. Lord Woolf believed that it was necessary for the employer to be liable in damages as the law of defamation does not provide adequate remedy for damages caused as it requires malice not just negligence.
Another way to indicate duty of care is using the
Get Access