ExpertMedium1 markMultiple Choice
ACCA · Question 44 · Syllabus B: The law of obligations
When determining the standard of care in a negligence claim against a professional (e.g., an accountant), which test is applied?
When determining the standard of care in a negligence claim against a professional (e.g., an accountant), which test is applied?
Answer options:
A.
The reasonable person test.
B.
The Bolam test (the standard of the ordinary skilled man exercising and professing to have that special skill).
C.
The strict liability test.
D.
The utmost good faith test.
How to approach this question
Identify the specific legal test used for professional negligence.
Full Answer
B.The Bolam test (the standard of the ordinary skilled man exercising and professing to have that special skill).✓ Correct
The standard of care for a professional is higher than that of an ordinary person. The 'Bolam test' states that a professional must exercise the standard of care expected of an ordinary, competent member of that profession. They will not be negligent if they acted in accordance with a practice accepted by a responsible body of their peers.
Common mistakes
Applying the standard 'reasonable person' test to professionals.
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