What is the standard of care of a solicitor in negligence?
British Columbia, Canada
The following excerpt is from Fong v. Lew, 2015 BCSC 436 (CanLII):
To establish liability in negligence, a plaintiff must show that: (a) the defendant owed a duty of care to the plaintiff; (b) the defendant breached that duty by failing to fulfill or observe the relevant standard of care; (c) the plaintiff sustained damage or loss; and (d) the damage or loss was caused, in fact and in law, by the defendant’s breach of duty. The general standard of care applicable here is that of a reasonably competent and diligent solicitor: see, e.g., Central Trust v. Rafuse, at pp. 208-209.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances can a solicitor be said to be present in a transaction where the solicitor's proximity to investors was so close to the investors' solicitor that the solicitor failed to inquire? (British Columbia, Canada)
How has the law of negligence been distinguished between negligence and negligence? (British Columbia, Canada)
What is the significance of the relative standard of living of the parties post post post-war compared to the standard living standard in their respective countries? (British Columbia, Canada)
Is the solicitor's Handbook relevant or relevant in determining the professional standard of conduct of a solicitor? (British Columbia, Canada)
What is the test for a solicitor's negligence claim? (British Columbia, Canada)
What are solicitor-and-client costs for retention of a solicitor? (British Columbia, Canada)
What is the standard of care required for an occupier to be negligent in their occupancy of a building? (British Columbia, Canada)
Can a plaintiff obtain a copy of a solicitor’s file from the solicitor's personal information for the purposes of making a will? (British Columbia, Canada)
What is the standard of care required by the courts to avoid liability for negligent conduct? (British Columbia, Canada)
What is the current standard for determining if a motorist has acted accordance with the requisite standard? (British Columbia, Canada)
