Everything You Need to Know About American Law
Nowadays, many young people receive academic degrees which they cannot put to practice and thus become unable to find a proper job. In some instances, such individuals decide to sue their colleges for not providing them with an education capable of yielding career opportunities. Nevertheless, the act of suing a college due to the inability to get a good job fails to meet the four elements of negligence and does not follow the reasonable person standard.
First of all, it is important to mention the negligence elements which are necessary to take into consideration to analyze the situation at hand. Negligence has four main elements starting from the duty which the defendant owes to the plaintiff (Feinman, 2018). The breach of duty is the second element which implies determining whether the defendant failed to deliver on their duty. The third element is causation meaning the need to demonstrate that the defendant’s actions caused the plaintiff to face losses. Finally, the fourth element is the damages, the monetary compensation for the plaintiff. In the current case, there is no duty of career since colleges do not guarantee employment to their graduates in the first place. Therefore, there is no causation, and no breach of duty can be identified, as well as no damages are owed (Miller, 2021). Moreover, the graduate does not follow the reasonable person standard because they do not exercise judgment and the degree of care expected from a responsible individual.
The graduate will fail to sue their college and will not receive any damages because their case does not comply with the essential negligence elements. Essentially, the actions of the graduate fail to meet the need for the duty of care, breach of the duty, causation, and therefore the former student cannot receive damages. Finally, the conduct of the graduate does not adhere to the standard of the reasonable person behavior.
References
Feinman, J. (2018). Law 101: Everything you need to know about American law (5th ed.). Oxford University Press.
Miller, R. (2021). Business law today, comprehensive (13th ed.). Cengage Learning.