Limitation

Typically, a claim for professional negligence will arise both in contract and tort. The contractual duty and the tortious duty are largely the same (to carry out the professional’s instructions with reasonable skill and care).

The damage for which the professional is liable is the damage attributable to a failure to exercise reasonable skill and care. In a case in which the purpose of engaging the professional is to secure some right or benefit for the client in connection with a contemplated transaction, and because of a failure to exercise reasonable skill and care the client does not secure that right or benefit, the client sustains damage when the transaction takes place.