Commentary

111 Liability and responsibilities of an expert

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

111 Liability and responsibilities of an expert

| Commentary

111 Liability and responsibilities of an expert

An expert is not immune from a suit in connection with his conduct of the expert determination unless terms of engagement are negotiated which confer immunity1. An expert may be sued for breach of the contractual terms of his engagement and/or for professional negligence in tort. Because of the risk of being sued by a dissatisfied party, many experts will only accept an appointment on terms that exclude liability or at least limit liability either by reference to a cap figure or to circumstances where deliberate wrongdoing is demonstrated2.

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