Negligence

Question 1

What is negligence?

Answer 1

I essence, a duty of care exists to clients and third parties, to use all reasonable care and skill. When this duty of care is breached and their is a loss suffered as a result, a claim for damages arises.

Question 2

What are the current limitation periods for negligence under the Limitation Act 1980?

Answer 2

In contract - 6 years from the date of the negligent act, breach of contract or omission or 3 years from the date of knowledge of damage subject to a 15 year long stop.

In Tort - 6 years from the date the claimant suffered loss.

Question 3

How can you avoid negligence?

Answer 3

Clearly understand the clients objectives and confirm precise instructions in writing in the terms of engagement

Ensure you are competent to undertake the instruction.

Undertake work in accordance with the relevant RICS standards and guidance notes

Keep up to date with market knowledge and legislation to maintain your competence.