Publication Type
Journal Article
Version
publishedVersion
Publication Date
12-2018
Abstract
This article draws a distinction between “decisional” negligence, which concerns the negligence exhibited by a professional advising his client in a decision to pursue a course of action, and “operational” negligence which concerns the manner in which a professional acts upon his client’s instructions to pursue a course of action. With the advent of Montgomery, the distinction between the two kinds of negligence has been thrown into focus in the context of medical negligence. The distinction is an important one for two reasons: 1) the “standard of care” test to be applied; and 2) the measure of damages.
Keywords
Tort Law, Negligence, Professional Negligence, Measure of Damages, Loss of a Chance
Discipline
Torts
Research Areas
Corporate, Finance and Securities Law
Publication
Tottels Journal of Professional Negligence
Volume
34
Issue
4
First Page
171
Last Page
189
ISSN
1746-6709
Publisher
Tottel Publishing Ltd
Citation
OOI, Vincent.
"Decisional" and "operational" negligence. (2018). Tottels Journal of Professional Negligence. 34, (4), 171-189.
Available at: https://ink.library.smu.edu.sg/sol_research/2840
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.