Tort Law - Professional Negligence Ireland

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5 Terms

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What is professional negligence

When a professional fails to meet the required standard/care that causes damage to their client

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To succeed in a professional negligence claim in Ireland, the plaintiff must prove:

  1. Duty of care must have been owed to affected

  2. Breach of duty - Professional failed to meet the standard expected

  3. Plaintiff must have suffered some form of measurable loss/damage

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What implies a duty of care between professionals and their clients?

  1. Contract

  2. Fiduciary Duty

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Time limits in Contract

Six year time limit from the date on which the cause of action accrued/what is provided in contract

HOWEVER

12 Year time limit for contracts executed as a deed

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Time limit in Tort

  • Six year time limit

  • In the case of personal injury claim against a medical professional - 2 year time limit applies