Victorian Current Acts

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Standard of care to be expected of persons holding out as possessing 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 is, subject to this Division, to be determined by reference to—

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

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

S. 59 inserted by No. 102/2003 s. 3.

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