Common Law Duty of Care

The essay question for the essay is as follows:

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.

The knowledge key words are: the liability of employers for references. The relevancy

key words are: in relation to the common law duty of care. Put in other words

– what

is the scope of an employer’s liability in the tort of negligence for references given to

current or former employees? The question also asks for a view to be expressed as

to whether references given by universities in respect of current and former students

are to be treated the same as references given by employers to employees. It is a

bad mistake not to give an answer to the additional sub-question.

The instructional key words are: critically evaluate

. The adverb “critically” is often

applied

to question verbs such as “evaluate”. It invites students to challenge received

wisdom and to offer an alternative to a dominant interpretation of an issue. The verb

“evaluate” requires an assessment of the different aspects of a subject area or

phenomenon.

Evaluating often requires a consideration of the advantages and

disadvantages (pros and cons) but try to avoid a “list-based” approach.

Structuring your essay

The essay length is 1,200 words. The essay should be up-to-date and referenced in

an appropriate way (i.e. the Harvard or name-date referencing style) demonstrating

that you have consulted a range of decent and reliable sources