Are There Limits to a Professional Adviser’s Duty of Care?

A recent case brought by a bank in Trinidad & Tobago against a valuer of land looked carefully at the issue of breach of duty.

It confirmed that there are limits to the scope of a professional’s duty of care. It is not the case that the professional must protect you against all potential losses.

The case related to the valuation of land in Trinidad & Tobago, which was to be security for a $3 million loan.

The valuation of the land was being carried out for the guarantor of that loan, which was required by the bank providing the funds.

The bank brought a negligence claim against the valuer, but the claim against the valuer failed.

This was because the court found that the valuation was based on the assumption that there was good title to the land, and the scope of the valuer’s duty of care when preparing their report did not extend to advising on title to the land.

Suppose you believe you may have a negligence claim against a professional.

In that case, it will be necessary to determine that the professional owed you a duty of care and that the professional’s duty of care extended to the advice given.

In determining the scope of the duty of care owed by the professional to you, the purpose for which the advice was being sought or given will need to be considered, together with the risk that the professional was supposed to guard against.

If the professional’s duty of care did not extend to the negligent advice or omission which has caused you to suffer loss, your negligence claim against the professional is likely to fail.