Professional Negligence In English Law
In the English law of tort, professional negligence is a subset of the general rules on negligence to cover the situation in which the defendant has represented him or herself as having more than average skills and abilities. The usual rules rely on establishing that a duty of care is owed by the defendant to the claimant, and that the defendant is in breach of that duty. The standard test of breach is whether the defendant has matched the abilities of a reasonable person. But, by virtue of the services they offer and supply, professional people hold themselves out as having more than average abilities. This specialised set of rules determines the standards against which to measure the legal quality of the services actually delivered by those who claim to be among the best in their fields of expertise.
Read more about Professional Negligence In English Law: The Relationship Between Contract and Tort, Discussion, Medical Negligence, See Also
Famous quotes containing the words professional, negligence, english and/or law:
“The belief that there are final and immutable answers, and that the professional expert has them, is one that mothers and professionals tend to reinforce in each other. They both have a need to believe it. They both seem to agree, too, that if the professional’s prescription doesn’t work it is probably because of the mother’s inadequacy.”
—Elaine Heffner (20th century)
“The youngest of four sons, but not the youngest of the family!—you conceive the sort of negligence that creeps over even the kindest maternities, in such case ...”
—Walter Pater (1839–1894)
“It is an equal failing to trust everybody, and to trust nobody.”
—18th-century English proverb.
“The law of nature is, do the thing, and you shall have the power: but they who do not the thing have not the power.”
—Ralph Waldo Emerson (1803–1882)