Page 162 - Liability Insurance IC74

The Insurance Times

Q1. Write a critical note for legal background for
professional negligence.

Ans. Ref Q10(a) of May 2007 and Q6 of Nov 2007

An action of negligence can proceed only if there is a
breach of that duty of care which will be determined by
courts with reference to the standard of care expected
by law. Obviously, this is subjective and depends upon
the court's decision. The degree of care or skill may
vary according to circumstances, and there is no
absolute standard.

However, the persons who use dangerous materials like
explosives, fireworks etc have to exercise more care.
Similarly members of learned professions like doctors,
solicitors etc need to exercise greater care. In simple
words, negligence means 'absence of care'. A civil
action for negligence can be sustained when:
(i) there is an existence of duty of care towards the

injured party.

(ii) breach of that duty - a general duty of care is owed
to all legal neighbours, those who are directly
affected by an act or omission. The degree of care
required from the owner varies according to the
different classes of persons in regard to whom it is
exercised.

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