Common Law Duty of Care and the Liability of Employers for References - Essay Example

At the same time, the university has a duty of care for even the students they do not know in person. It is the first element of duty when it comes to negligence, and must be established by the claimant that it was breeched as a duty of care. In this case, negligence can be the failure of the University to act in a reasonable way that it would have acted in any circumstances. The university has the duty to take liability in case of any violation of the common law duty of care. The law can between the universities and students or employees with no direct relationship, and can be formalized as a social contract.

This is the responsibility held by the University to the society. The care of duty arises in cases where an employee is harmed mentally, physically, or economically. A duty care is a duty of taking care, to avoid actions which one can foresee to cause injury to persons who are close and directly affected by the act (Climenson 2010, 30). The University is expected that they carry their responsibility and that of employees with care. This duty care can be breached through an individual action or failure by the University to act through the activities of the institution. .  A duty of care exists when there is an existing relationship between two parties, the University and the students had a relationship is built on trust.

The University students and employees should be qualified when they leave the institution to face potential employees. The breach of conduct comes into perspective when, the standard of care ought to have been taken falls below the standards set. This can be negligence of duty if the students not given the proper training as expected (Efstathios 2006, 49). It is the duty of the University of making sure that the organizations activities are met and the standards of ethical practices followed.

The University should make sure that there is a strategy that is reviewed and updated so that necessary actions are taken in the likelihood of a risk. The institution should be aware of the duty of care that collectively or individually they take in relation to the employer and care to the assets and reputation of the employees. The University must act in the interest of the institution, and not for their personal interest or another organization. When the University works and acts conscientiously in carrying out their duties this way, they limit their personal liability in cases of any loss, harm or damage caused through the breach of duty of care (Ian 2007, p 37).

An employer’s duty toward their employee’s, in this aspect, the University’s duty to the current students and employees is to provide and maintain; a safe environment for learning of work, a safe system of both learning and working, and provision of fellow competent fellow employees. The university can delegate his duties or functions to nominated employers but can not delegate legal responsibility (James 2006, p 75). Employers can be liable for