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The law of torts

The standard of care

This is a question of law. Basically, the claimant must show that the
defendant failed to take the degree of care which a reasonable man
would have taken in the circumstances (the ‘man on the Clapham
omnibus’).

The reasonable man is not expected to be skilled in any particular trade
or profession BUT if he acts or purports to act in a professional capacity
he must show the care and skill of someone of that profession.

The following principles have been established by case law:

 Particular skill

– As a general rule, the level of skill and care required is that which a
reasonable man would possess. However, if the defendant possesses a
particular skill, i.e. he is a qualified solicitor or a qualified surveyor, the
standard of care expected will be that of a reasonable person with that
skill.

 Lack of skill

– Lack of training or the peculiarities of the defendant are not relevant.
Therefore, the standard of skill expected from a trainee accountant is the
same as that of any reasonable accountant.

 Lack of hindsight

– The tests focus on the defendant’s knowledge at the time. Therefore,
hindsight or knowledge of facts at a later date is irrelevant.

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