Negligence and Duty of Care - Business Guide

This business guide outlines basic principles relating to the law of negligence and the duty of care owed by consultants. This guide is provided for internal use by member businesses of Consult Australia.

Negligence is a civil wrong (a ‘tort’) which is actionable in addition to an action under contract. Further, while contract liability is generally limited to the parties to the contract, liability under the civil law applies more broadly. Therefore, when a consultant considers the liability risks associated with providing services, they should not just consider the liability to the client under the contract.