Reasonable care and skill: Overview, definition and example
What is reasonable care and skill?
Reasonable care and skill refers to the standard of competence and caution a professional or business is expected to meet when fulfilling their responsibilities under a contract. It’s a promise to perform tasks to a level that a reasonably qualified and experienced person in the same field would deliver. This ensures quality and professionalism in the services provided.
Why is reasonable care and skill important?
Reasonable care and skill protects both parties in a contract. For the customer, it ensures they receive a service that meets industry standards. For the service provider, it sets clear expectations, providing a standard they must adhere to while fulfilling their duties. If this standard isn’t met, it can lead to claims for breach of contract, potentially requiring the provider to fix the issues or compensate the customer for any losses.
Understanding reasonable care and skill through an example
Imagine you hire a roofing company to repair a leak in your office building. The company agrees to perform the repairs with reasonable care and skill. If they install materials incorrectly, leading to water damage, it would likely be considered a failure to meet the agreed standard. You could hold them accountable for the costs to fix the damage and redo the work.
An example of a reasonable care and skill clause
Here’s how a reasonable care and skill clause might look in a contract:
“The Service Provider shall perform all services under this Agreement with reasonable care and skill, ensuring compliance with applicable industry standards and best practices.”
Conclusion
Reasonable care and skill is about ensuring that tasks are performed to a professional and competent standard. It protects customers from poor-quality work and gives service providers a clear framework for delivering on their responsibilities. Including this standard in a contract promotes trust and accountability, helping both parties avoid disputes.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.