STANDARDS OF CARE IN CONTRACTS: WHAT ARE THEY?

摘要

'A bsolute', 'strict Liability' or 'fitness for purpose' obligations are hotly contested during contract negotiations, since such clauses require a contractor to carry out work that will perform a certain function, comply with an output specification or delivery plan, achieve a design life or life to first maintenance. Contractors are understandably wary about agreeing to these obligations. The ordinary standard of care is enhanced beyond reasonable skill and care, and breach does not require proof of negligence.