Tort of Ngligence

Within this case, there are two relevant parts, advice given to Uni-Garage Ltd to

sue Mechania College in tort and to take action against RightPay pursuant to a breach of contract. I have separated these two parts in respective order.

Part 1

SUE IN TORT

In consideration of the request lodged by Uni-Garage Ltd for advice on its legal position

in regards to this case at hand, I would outline the following argument.

Outline of the facts

Wes is a student at Mechania College of TAFE who registers with an employment company named RightPay Employment Agency Pty Ltd to obtain employment at the completion of his course.

After receiving a request by Downtown Car Builders Pty Ltd wishing to appoint a young mechanic, RightPay writes to Mechania College of TAFE requesting for a reference concerning Wes in order to be able to arrange an interview between Wes and Downtown Car Builders Pty Ltd

In response to this letter, Mechania College wrote to RightPay advising that proper records of part-time students are not kept; however this College has no reason to believe that Wes would not make a trustworthy and diligent worker with any employer that chooses to employ him.

In fact, it failed to mention in the reference that Wes had vandalized some school property and was reported to the College’s Central Office on a number of occasions. This information was not recorded in Wes’s file.

Two weeks later RightPay introduced Wes to Uni-Garage Ltd and rather than Uni-Garage interview Wes, they decided to rely exclusively on the report submitted by Mechania College to employ him.

A few days after commencing employment with Uni-Garage, Wes is found to have stolen $6,000 from the canteen and also is caught damaging company equipment worth $12,000.

When analysing these facts, many issues arise which one must address in order to find out which party is in the wrong.

First of all, one must ascertain whether there lies any legal obligation on Mechania College...