Law – 4 Law of tort | e-Consult
4 Law of tort (1 questions)
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| Aspect | Professional Standard | Layperson Standard |
|---|---|---|
| Level of skill required | The skill and knowledge of a reasonably competent professional in that field. | The skill of a reasonable person of ordinary intelligence. |
| Reference point for breach | What a reasonably competent professional would have done in the same circumstances. | What a reasonable person would have done. |
| Impact of specialised training | Training and experience are taken into account; higher expectations. | No specialised training considered; lower expectations. |
| Typical cases | Medical malpractice, legal advice, engineering errors. | Slip‑and‑fall, everyday accidents. |
Thus, professionals are judged against a higher, specialised benchmark, whereas laypersons are measured against the ordinary reasonable person.