South Australian Current Acts

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CIVIL LIABILITY ACT 1936 - SECT 40

40—Standard of care to be expected of persons professing to have a particular skill

In a case involving an allegation of negligence against a person (the "defendant") who holds himself or herself out as possessing a particular skill, the standard to be applied by a court in determining whether the defendant acted with due care and skill is, subject to this Division, to be determined by reference to—

            (a)         what could reasonably be expected of a person professing that skill; and

            (b)         the relevant circumstances as at the date of the alleged negligence and not a later date.



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