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Commentary

119 Implied term as to care and skill

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

119 Implied term as to care and skill

| Commentary

119 Implied term as to care and skill

In a relevant contract for the supply of a service where the supplier is acting in the course of business, there is an implied term that the supplier will carry out the service with reasonable care and skill1.

As to the standard of care to be used by the supplier of the service, the contractual standard of care is the same as for tort: in other words, the standard is that of a reasonably competent member of the trade or profession relevant to the supplier providing the service2. The test to determine whether

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