The common law courts developed a basic principle to imply a term in a service contract that the service provider will provide the service with reasonable care and skill. The protection has been codified in the Supply of Goods and Services Act, 1982. Service contracts have warranty clauses stating the deliverables and other parameters specifying the service. Disputes arise on the reasonable care expected of a service provider and the working of a clause attempting to exclude or limit liability. The chapter explores the relationship among common law principle of reasonable care; a clause specifying the service; and a clause attempting to oust the common law liability of the service provider.

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Reasonable Care and Skill

  • Akhileshwar Pathak

摘要

The common law courts developed a basic principle to imply a term in a service contract that the service provider will provide the service with reasonable care and skill. The protection has been codified in the Supply of Goods and Services Act, 1982. Service contracts have warranty clauses stating the deliverables and other parameters specifying the service. Disputes arise on the reasonable care expected of a service provider and the working of a clause attempting to exclude or limit liability. The chapter explores the relationship among common law principle of reasonable care; a clause specifying the service; and a clause attempting to oust the common law liability of the service provider.