Professional negligence? Or just another soap opera story?

Following on from our recent whistleblowing on Coronation Street blog, the not fit for purpose materials were indeed used for Tyrone and Fiz’s loft conversion and Tyrone promptly fell through the ceiling and broke his hand. Being a mechanic by trade this can’t bode well.

Jason and Tony have finally discovered Todd’s cunning plan and have offered to re-do the conversion for free together with offering Tyrone £1000 (upped to £2000 in last night’s show) as compensation. Putting aside any issues of whether this offer was a Part 36 offer and without prejudice, what are Tyrone’s options?

What is professional negligence?

Professional negligence claims occur where a professional fails to perform his responsibilities to the required standard. Claims can fall under the following :

1. Breach of contractual term

2. Breach of duty of care owed in the tort of negligence

3. Breach of a fiduciary duty

4. Breach of a statutory duty

For the purposes of this blog we will only consider the first two.

Breach of contractual term

I can’t really see Jason and Tyrone insisting on a written contract for services but you know what they say when you assume things. Regardless, the claim can proceed whether it is an implied or express term; where it is a contract for services it is implied that the service will be carried out with reasonable skill and care.

If it is found that Jason has breached this term then he will have an arguable claim for damages. In contract claims damages put the claimant (Tyrone) in the position had the contract had been properly performed and this can include future economic loss.

Under a test laid down in Hadley v Baxendale 1854, the claimant can recover losses either:

a) Arising naturally according to the normal/ordinary course of things from the breach of contract itself; or

b) Loss as may reasonably be supposed to have been in the contemplation of the parties at the time they made the contract as a probable result of the breach.

It would seem that Tyrone could potentially argue that his losses (including loss of earnings) arose naturally from the breach.

Tyrone has 6 years to issue a claim if he wants to under this course of action.

Breach of a duty of care owed in the tort of negligence

To be successful in this claim the following elements need to be proved:

1. Duty

2. Breach

3. Causation

4. Loss

If Tyrone can prove that Jason has been negligent in tort then the damages will put Tyrone in the position before the tort occurred. Claimants cannot generally claim for future economic loss unless there was an assumption of responsibility and reliance.

The damage caused by the breach must have been reasonably foreseeable. Tyrone may be able to argue that he also has a course of action in the tort of negligence including for loss of earnings. It may have been foreseeable that using shoddy materials would result in injury and therefore loss of earnings.

He would have three years from discovery of the breach to bring a claim.

So what should Tyrone do?

Tyrone doesn’t have to commence proceedings against Jason and it may be an idea to wait a while to see how things pan out with his injury. This being a soap I’m sure it will soon blow up that Todd actually purposefully used materials not fit for purpose to save money which may be the end to Tyrone’s and Jason’s domino playing friendship.