Professional negligence is a claim made against professionals such as solicitors, doctors, valuers and accountants. When professionals make a mistake or an error it can have serious financial consequences to you, their mistake is known as professional negligence. The claim can be brought under contract or tort law.
All professionals owe a duty of care to their customers
The professional duty of care stems from the Supply of Goods and Services Act 1982, which has been subsequently amended to the Consumer Rights Act 2015. The act states that there is an implied term in every contract that the professional will carry out their work with reasonable care and skill, which means there is no need for an express term in the contract to guarantee quality, it is superimposed by the law.
To establish such a duty of care is breached it must be shown with evidence that the professional in question provided inadequate or incorrect advice of which you relied on and as a result suffered loss, monetary or otherwise. The situation can be deeply frustrating and expensive, which is why we recommend you speak to a solicitor familiar in contract and tort law to help you resolve your dispute.
Examples of professional negligence include, but are not limited to;
Remedies for professional Negligence
As a victim to professional negligence you are entitled to have the wrongful party remedy your position. Depending on the seriousness of the breach you may be entitled to the following remedies:
Compensation for loss of money
If as a result of your reliance on negligent advice from a property solicitor you purchased a piece of land at an overvalue, you can sue that solicitor for the difference in price between what you had bought it for and the market value, it may be possible to make a precise and objective calculation of loss.
Compensation for loss of opportunity
The question is whether the negligence that occurred deprived the claimant of an opportunity to benefit and/or avoid financial loss had they not relied on the information provided by the professional. The calculation of compensation for loss of opportunity relies on hypothetical scenarios so the costs calculation may be heavily disputed.
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