| 单词 | Special skill and competence |
| 释义 | 特別技巧與能力 Knowledge, expertise, and qualifications greater than those of the average person. The test is the standard of the ordinary skilled man exercising and professing to have that special skill. A man need not possess the highest expert skill at the risk of being found negligent. It is sufficient if he exercises the ordinary skill of an ordinary competent man exercising that particular art: Bolam v Friern Hospital Management Committee [1957] 2 All ER 118, 1 WLR 582. It is what a reasonably competent practitioner would do having regard to the standard normally adopted in his profession: Foshan Hua Da Industrial v Johnson, Stokes & Master (a firm) [1999] 1 HKLRD 418. A person who has not held themselves out as having special skill is not liable for displaying only average skill in a task, despite the fact that the person is specially skilled: Wooldridge v Sumner [1963] 2 QB 43. An error of judgment will not amount to negligence unless it is one that would not have been made by a reasonably competent professional with the standard and type of skill of the defendant, acting with ordinary care: Whitehouse v Jordan [1981] 1 All ER 267. However acting in accordance with general practice may be negligence if it involves a foreseeable risk: Chan Wing Kwong & Anor v Alan C W Wong [1971] HKLR 318. See also Professional liability. |
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