Claiming negligence. Contract or tort?
If you have been left out-of-pocket because of the negligent services of a professional, you may be able to bring a claim for breach of contract or a claim for negligence in tort. Call 0800 433 4544 to speak to a member of the Healys LLP team today.
Negligence claims and contractual liability
The chances are that you will have had a contract or “retainer” with the professional you are looking to make a claim against. If it was written with sufficient care and accuracy, making clear the scope of duties and obligations the professional owed to you, then this should form the backbone of your claim. The retainer is fundamental to the client-professional relationship.
However, where you made only a verbal or implied contract with the professional, it may be more difficult for your negligence lawyer to make a case for breach of contract.
Fortunately, there is some fallback, as even if there has not been a written contract, section 13 of the Supply of Goods and Services Act, makes it clear that there is a minimum standard of services you are entitled to receive – your professional should act with a reasonable level of skill and care.
In some cases, professionals may seek to exclude liability under the Supply of Goods and Services Act – if your professional is claiming this exclusion, talk to our lawyers to gain some idea of whether this might be legally binding.
Liability under tort
Even if you did not have a contract with the professional whose actions caused you to sustain financial loss, you may still be able to claim some form of tortious liability.
This means that the professional concerned can be taken to have assumed some responsibility – for example, he or she had some reasonable expectation that you might rely on the advice provided, even in the absence of a contractual relationship, written or otherwise.
Although you are likely to be in a small minority if your claim against your professional is based solely in tort, these types of claims are sometimes viable, so speak to Healys LLP today for further advice.
We can help you claim for financial loss caused by negligence
Whether or not you had a written contract with your professional, if their actions caused you to sustain financial loss, we may be able to help you claim.
We have expertise in claims against, lawyers, accountants, surveyors, and more, and are here to help you overcome the financial fallout. Put simply, if you put your faith in a professional but they failed to deliver, you are legally entitled to investigate every possible means of redress, whether this means a claim for breach of contract or claim for negligence in tort.
We have solid experience of establishing duty of care, breach of duty, loss and causation. For information about how we might be able to help you secure some form of settlement, whether through mediation or the courts, call us today on 0800 433 4544.