LAW 529 Lecture Notes - Lecture 2: Seneca College, Employment Contract, Layoff
17 Dec 2019
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Chapter 6: the job recruitment & hiring process. Common law torts that apply to job recruitment and hiring. Deceit: tort where a makes false statement with intention of misleading b; b relies on false statement, and, as a result, b suffers a loss, damages can be recovered. Fraudulent misrepresentation: common law action based in contract law; a knowingly makes false statement with intention to mislead b, statement induces b to enter into contract. B may be able to rescind contract, seek damages for loss. Duty of care: special relationship between two parties creates an obligation in tort law to take reasonable steps to avoid harming other party: does not require deliberate intention to misinform, more common than fraud & deceit. Hedley byrn e(bank) & co. v. heller & partners- > employers have made promises to potentials if person with special skill takes on a contract where their special skill will be relied on a duty of care will arise.
