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

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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 …show more content…
The primary action was taken on grounds that the reference was demeaning, the lack of concrete facts resulted in only a claim on negligent misstatement. However, the contract between the defendant and claimant was not breached because they didn’t hire the claimant. However, because the defendant was narrowly deemed as a ‘neighbor’ to the claimant who restricted the former employee from being employed, the claimant won the case and was granted damages from the defendant for negligent misstatement.

When it comes to comparing students with employees, it’s hard to argue that they play the same role in their respective business model. A student is technically a consumer in a university, but a professor still acts as an employer figure giving assignments: determining a student’s future employment and career with references. It is arguable that the employment analogy is similar, there is less evidence to suggest duty of care by the professor who could potentially provide a reference that misleads a failing student to seem like a prodigy or a hard working student that simply doesn’t get along with a professor or causes problems in class. Either way, it’s a grey and uncertain area that can be further analyzed with other cases.

To further argue the scope of where a professor would
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