What is the legal test for good and workmanlike conduct under contract?
Newfoundland and Labrador, Canada
The following excerpt is from Gros Morne Trading Post Inc. v Jeffrey Day & RPS Appraisal Consultants Inc., 2017 CanLII 37839 (NL PC):
Any contract to carry out work implies a condition that the work will be done in a good and workmanlike manner and that the persons employed will carry out the work using the ordinary amount of skill possessed by those who regularly perform that particular type of work (see Marshall v. Kielley, [1979] N.J. No. 134, (D.C.)).
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