StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Critically evaluate, in relation to the common law duty of care, the liability of employers for references - Essay Example

Comments (0) Cite this document
Summary
Referee’s Liability: Its Concept and Impact on Employment The practice of requiring a person seeking employment (hereafter referred as subject) to provide work or school references is customary. It is an effective means of ascertaining that the person is a perfect fit in the organizational structure—the skills set matches the needs of the employer…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98.6% of users find it useful
Critically evaluate, in relation to the common law duty of care, the liability of employers for references
Read TextPreview

Extract of sample "Critically evaluate, in relation to the common law duty of care, the liability of employers for references"

Download file to see previous pages The discussion in this paper shall deal with the liability of referee to the subject only. There is no law which specifically confers the right to demand for a reference thus there is no mandatory duty to issue one. It is not a matter of right but a mere privilege which may be stipulated in a contract or agreement. Without any contract, the discretion to give reference lies with the referee however there are instances when the refusal to issue reference is construed as discriminatory that compels the employer to issue one. Assuming the referee voluntarily agrees to issue a reference, it has legal obligation to the subject and the recipient to give an honest, truthful and fair account of the information it has in its possession. The award of damages which do not arise from actual physical injury or damage to property is frowned upon (Murphy v. Brentwood District Council, 1990). This is against public policy and the floodgates arguments (Spartan Steel and Alloys Ltd v. Martin & Co. Ltd,1973) where courts will be inundated with gratuitous suits. The exception from this general rule is when misleading statements are contained in the reference which resulted in economic loss then the aggrieved party may demand compensation for such breach of duty. For duty of care to exist nonetheless the standards enunciated in the leading case of Caparo Industries v. Dickman (1990), must be complied with: the injury or damage suffered by the aggrieved party was reasonably foreseeable; sufficient proximity or special relationship between the parties; and it is fair, just and reasonable to impose liability. These elements are mandatory and concurring where the absence of one element negates the existence of duty of care. It is not sufficient that the referee made derogatory remarks that damaged the reputation of the subject it must be shown that the referee has a special relationship with the subject such as that of an employer and employee or that of university official towards their personnel or students. If the derogatory remarks was relied upon to reject the subject’s engagement, the imposition of liability is just, fair and equitable. The case of Spring v. Guardian Assurance (1995), is illustrative. The employer imputed dishonest conduct which became the basis for denying the employee’s employment which was later discovered to false. The court enjoined employers to exercise utmost diligence in the preparation of reference so as not compromise the economic prospects of subjects and take due care to protect the subject’s reputation. The court stated a caveat the referee should exercise due skill and care in the preparation of the reference before making it available to the third party since the recipient accord great importance on the reference issued. The referee must showcase the subjects’ skills and expertise to improve their employment prospects and not diminish it by imputing sordid personal traits. The value accorded the reference is due to the referee’s personal observation on the subject and if the subject is not personally known to the referee, the reference should be based on recorded facts. If a mediocre reference with unproven allegations is disseminated to prospective employers contrary to the subject’s qualifications warrants the award of damages. The right of the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Critically evaluate, in relation to the common law duty of care, the Essay”, n.d.)
Critically evaluate, in relation to the common law duty of care, the Essay. Retrieved from https://studentshare.org/law/1437287-critically-evaluate-in-relation-to-the-common-law
(Critically Evaluate, in Relation to the Common Law Duty of Care, the Essay)
Critically Evaluate, in Relation to the Common Law Duty of Care, the Essay. https://studentshare.org/law/1437287-critically-evaluate-in-relation-to-the-common-law.
“Critically Evaluate, in Relation to the Common Law Duty of Care, the Essay”, n.d. https://studentshare.org/law/1437287-critically-evaluate-in-relation-to-the-common-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Critically evaluate, in relation to the common law duty of care, the liability of employers for references

The Speciality of Colonial Heights Health Care

Colonial Heights Health care and rehabilitation center provides interdisciplinary support for the medical and physical needs of the patient with sickness and injury. They include neurological events, orthopedic surgery, oncology care, and general surgery. Other medical services comprise IV Infusion Therapy, specialised Alzheimer’s care, tracheotomy care, wound care management, rehabilitative nursing, occupational and speech therapy, etc. Respite care of the hospital provides clinical, psychological and emotional assistance through caregivers for patients who require additional support. Social Services of the health care center include volunteer programs, café dining, special outing, family gatherings, social service c...
12 Pages(3000 words)Assignment

Chilled Vehicles and Special Care of Products

Hiring another company or the third party to man the operations of the fleet of vehicles can put the company down. That would be like dealing with new employees who are not really working for the company, and who do not know our products. It will also be tantamount to revealing the secrets of our products and company that we have treasured all through the years. The best option is to work on the fleet of vehicles and get the right people to handle the operations. 
There are doubts as to the exact number of vehicles we have to purchase since these are all plans and some hypotheses. But we tried to scale down our output, made some estimates and inside surveys, and come out to some numbers, which were reached by calculating...
8 Pages(2000 words)Assignment

Organization and Functions of Federal Law Enforcement Agencies

Threats may either appear in the form of terrorism or from other intelligence groups or from the espionage. It may arise within the country, against the existing government or social systems. Though most of the federal law enforcement groups are investigative groups, they are not only focused on investigations but stand for the people. One can see that the importance of the federal agencies is growing day by day because the threats from militants and others have considerably increased. Such kinds of federal law enforcement agencies include Federal Air Marshalls, Secret Service, FBI, Untouchables, C.I.A and Federal Corrections etc. The organization and functions of these agencies vary in different fields and can be cited in the fol...
7 Pages(1750 words)Case Study

The Nature of God and Its Relation to Mission

It is God's agent in history, through whom He works by historical processes. Men learn of God and respond to Him in the context of their whole lives as personal, social beings because of the activity of the Christian community. Thesis Mission theology occupies a central role in religious teaching and supported by the main dogmas and principles of theology.

The main texts Genesis 12, Exodus 9 and 19, Numbers 14, several parts in Deuteronomy, Joshua, 1 Samuel, 1 King, 1 Chronicle, Psalm, Isaiah, Jeremiah, Ezekiel, Daniel, Micah, Habbakuk, Zephaniah, Haggai, Zechariah, and Malachi. Jonah's story is considered a missionary book of the Old Testament1. Christians have so understood their role. Jesus' understanding of his role...
8 Pages(2000 words)Case Study

Contract Law

This expression of willingness can assume several forms, such as a facsimile, letter, electronic mail or a telephonic message. The intention is an objective consideration and in the case of Smith v, Hughes 4 relevant consideration was deemed to be the manner in which a reasonable person would view intention. Furthermore, the law distinguishes between an offer and an invitation to treat. The latter is not an offer but merely an indication of willingness to negotiate a contract.

An instance of this is provided by the case of Gibson v Manchester City Council5. In this case, the phrase may be prepared to sell was held to constitute an invitation to treat and not an offer. Indeed, the Gibson decision challenged the tradition...
6 Pages(1500 words)Case Study

Constitutional and Administrative Law

When examining the decision of previous court comments that are made obiter dicta will not be part of the precedent since often obiter dicta comments are speculative remarks on how the judge might have acted if the facts had been different.

Binding precedents come from earlier case law and, as suggested in the wording, must be followed even if the judge in the present case does not agree with the legal reasoning of the judge in the earlier case. In order for a precedent to be binding the facts of the present case to have to be sufficiently similar to the earlier case. Decisions given in a lower court to the one in which the present case is being heard will not be binding. For a decision to set a precedent it must have b...
8 Pages(2000 words)Assignment

Decision Making in Health and Social Care

Consumer sovereignty principle illustrates the fact that in a free market economy the consumer is free to consume what he wants. However, the consumer’s sovereignty does not have meaning if he/she is unable to buy what he/she wants. This paradox is solved through government intervention in the provision of those merit goods such as health care and education. On the other hand, agency theory indicates that conflicts between principals (e.g. shareholders or owners) and agents (e.g. managers) occur as a result of the latter misrepresenting facts and misinterpreting information so that resources can be diverted to uses which they regard as more lucrative. Since principals cannot themselves carry out the task of managing the busi...
8 Pages(2000 words)Case Study

The Law on Physical Punishment of Children Fails to give Sufficient Respect to Childrens Rights

Under the English criminal law, several past and current legislations were made in order to protect the children from corporal punishment or becoming a victim of physical abuse. Despite our effort to prevent parents from using physical force in disciplining their children, the British Government remains unconvinced that the law which protects the children from physical punishment is sufficient (Keating, 2008). Physical punishment such as ‘smacking’, ‘slapping’, ‘kicking’, or ‘spanking’ is referring to the act of causing a degree of pain or discomfort to the child. (Niland, 2009, p. 6) With regard to the legal issues behind child protection against physical abuse, this study aims to d...
6 Pages(1500 words)Coursework

International Law: Child Soldiers

Using children to fight wars is not only morally abhorrent but very bad very the physical and mental health of the children in question. That is in part why a series of international laws and treaties have come into effect to try to deal with this scourge. But the issue is more complicated than that. While child soldiers are victims of war crimes, they too can also perpetrate serious breaches of the law of armed conflict. Under normal circumstances, individuals who commit such acts, be they combatants or not,2 would be vulnerable to prosecution. However, because children in such situations are victims as well as perpetrators and because of the special protections afforded to children under international law, many have questioned w...
8 Pages(2000 words)Case Study

The Law and the Media

New and complex issues have arisen which demanded fresh understanding and handling of cases involved them. This has resulted in the enhanced development of specialized laws e.g. cyber laws and interpretation of those laws. The same is true with Media Laws. Media has developed much in the last half-century. As it evolved as a profession and more people started to join it, there arose the levels of money involved in it. With this grew the contractual obligations on the parts of parties and concerned laws e.g. patent laws, privacy laws, and copyrights laws, etc. also started to play their parts. With these issues, the role of law in the media industry also reached a new height.
Mathew Fisher, the appellant, joined a band with Mr...
6 Pages(1500 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Critically evaluate, in relation to the common law duty of care, the liability of employers for references for FREE!

Contact Us