Published On: December 19th 2025
Authored By: Chitragada
New Law College, Pune
Since childhood we are taught that doctors- heal us; lawyers- defend us and accountants- safeguard our finances and as we grow up, we start keeping our trust into them but what happens when the saying- “professional negligence means competence” is not taken seriously? We have seen the professionals fall short to reach the realm of the defined standards and this gives rise to a concept in law- ‘professional negligence’- where the rights of clients, patients etc. are protected and the standards of duty are maintained by the professionals.
INTRODUCTION
In the article published by the University in Chicago it was told that the term ‘professional’ in a broader sense not only includes doctors, teachers, engineers and attorneys but also pharmacists, abstracters, funeral directors, insurance agents and brokers, artisans and tradesmen.
According to Winfield negligence means “the breach of a legal duty to take care which results in damage, undesired by the defendant to the plaintiff.”
Therefore, professional negligence means the failure of a professional to maintain the standards set up by their field which can result in far reaching consequences for the clients or the third parties.
Krishna Iyer J. calls it “the most brilliant and attractive of peaceful professions, with responsibilities both inside and outside it, which no person carrying on any other profession has to shoulder.”
The term ‘professional standards’ here means that the professionals are expected to work up to a specified level of competence and diligence typically done by a reasonable prudent man in that profession.
ESSENTIAL ELEMENTS
Professional negligence works on the general principles of negligence but with the focus on the professional aspects. These are some important elements of Professional Negligence:
- Duty of care
The client and the professional carry a relationship between them which gives rise to a legal obligation to act with reasonable care and skill. In some exceptional cases, this duty is also there with some third parties who rely on the professional’s work.
- Breach
Breach of duty of care by the professional makes him negligent towards his duty.
- Causation
The Breach of duty must have caused the loss of the claimant. Where complex chains of causation arise, courts evaluate whether the breach was the operative or effective cause of loss.
- Damage or Loss
At the end, actual loss or damage must have been suffered by the claimant or the plaintiff.
The damage must not have been reasonably a foreseeable consequence of the breach.
THE DUAL FOUNDATIONS
- CONTRACTUAL LIABILITY
Contractual liability arises when two parties one the professional and his/her client come under an agreement and where the professional fails to perform his duty of care which leads to the breach of the contract.
- TORTIOUS LIABILITY
Tortious liability occurs when there is a breach of duty imposed specifically by law. In torts, duty of care exists even when there is no contract present between the parties.
REMOTENESS OF DAMAGES
The principle of remoteness restricts recovery to losses that have a sufficient connection to the breach. The approach differs slightly between tort and contract:
- In contract: Only losses flowing naturally from the breach or contemplated by both parties at the time of contracting (Hadley v. Baxendale) are recoverable.
- In tort: Damages are limited to those that are a reasonably foreseeable consequence of the breach at the time the negligent act occurred.
KEY DEFENCES IN PROFESSIONAL NEGLIGENCE
- No Duty or No Breach: The professional may deny that any duty was owed, or argue their conduct was not negligent as measured by industry norms.
- Volenti Non Fit Injuria: The claimant consented to the risk (rare in professional settings).
- Contributory Negligence: The claimant contributed to their own loss, reducing any damages awarded.
- Exclusion Clauses: Contractual terms excluding or limiting liability; their validity depends on their clarity and compliance with statutory controls (such as the Unfair Contract Terms Act in the UK).
- Limitation Period: The claim may be time-barred if not brought within statutory deadlines.
FAMOUS CASES AND JUDICIAL AUTHORITY
- Donoghue v. Stevenson (1932)
Established the modern law of negligence and the “neighbour principle”—one must take reasonable care to avoid acts or omissions likely to injure their neighbour, which, in the professional context, includes clients.
- Hedley Byrne & Co Ltd v. Heller & Partners Ltd (1964)
Landmark case for negligent misstatements and the duty of care owed by professionals for advice provided.
- White v. Jones (1995)
Extended the reach of professional negligence to benefit third parties, such as intended beneficiaries of a will negligently drafted by a solicitor.
CONCLUSION
Professional negligence is a cornerstone of the law of torts in the context of modern service economies. It balances the need for accountability with the complexity and risk inherent in professional services.
Clients and third parties must show the professional owed and breached a duty of care, that loss was caused as a result, and that such loss is not too remote. Defendants may raise arguments relating to standard of care, exclusion clauses, limitation periods, or contributory negligence. Remedies are primarily compensatory but can include severe professional consequences.
