판결 이유
An employer owes a duty of care to an employee or former employee when providing a reference. A negligently prepared reference causing economic loss to the subject is actionable in negligence.
사실관계
Mr Spring was dismissed and his former employer provided a reference to a prospective employer that was negligently inaccurate and highly damaging. He was unable to obtain new employment.
판결 요약
The House of Lords held the employer owed a duty of care in preparing the reference. The relationship was sufficiently proximate and it was fair, just, and reasonable to impose liability for a carelessly prepared reference.
주요 인용문
"It would be wrong to deny the existence of a duty of care when the consequences of doing so would be to leave a victim of negligence without a remedy."
— Lord Goff
후속 처리
Leading authority on employer's duty of care in providing references.