Common Law Duty Of Care

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Common law duty of care In English tort law, an individual may owe a duty of care to another, to ensure that they do not suffer any unreasonable harm or loss. If such a duty is found to be breached, a legal liability is imposed upon the tortfeasor to compensate the victim for any losses they incur.
Generally, a duty of care arises where one individual or group undertakes an activity which could reasonably harm another, either physically, mentally, or economically. Where an individual has not created a situation which may cause harm, no duty of care exists to warn others of dangerous situations or prevent harm occurring to them; such acts are known as pure omissions, and liability may only arise where a prior special relationship exists to necessitate …show more content…

In general the employer is not legally obligated to provide his employee with a reference unless mentioned otherwise in a contract. If an employer was to provide a reference he is legally obligated to be truthful and take reasonable care in doing so. In Spring v Guardian Assurance plc, the claimant suffered pure economic loss due to the negligence of the defendants when writing his reference. The House of Lords ruled that employers who provide references to former employees or to the recipient of the reference owes a duty of care to both parties, and breaching the duty of care that results in economic loss will cause the defendant to be liable. Due to the fact that employment references are an essential tool for prospective employers to determine who to hire and who not to, former and current employers need to take reasonable care in the preparation of a reference and to ensure its fairness and accuracy. The reference does not, of itself, have to be full and comprehensive, but it must be true, accurate and fair, and the overall impression given to the reader by the reference as a whole must not be

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