免责声明:本网站不构成法律建议。法律法规和判例法会发生变化。请务必就您的具体情况咨询合格的律师。

所有案例
Tort
House of Lords
1995

Spring v Guardian Assurance plc

[1995] 2 AC 296

判决理由

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.

事实

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.

判决摘要

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.

关键引述

"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

后续处理

Good law

Leading authority on employer's duty of care in providing references.