"Decisional" and "operational" negligence
This article draws a distinction between “decisional” negligence, which concerns the negligence exhibited by a professional advising his client in a decision to pursue a course of action, and “operational” negligence which concerns the manner in which a professional acts upon his client’s instructio...
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| Format: | text |
| Language: | English |
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Institutional Knowledge at Singapore Management University
2018
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| Online Access: | https://ink.library.smu.edu.sg/sol_research/2840 https://ink.library.smu.edu.sg/context/sol_research/article/4798/viewcontent/Negligence.pdf |
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| Institution: | Singapore Management University |
| Language: | English |
| Summary: | This article draws a distinction between “decisional” negligence, which concerns the negligence exhibited by a professional advising his client in a decision to pursue a course of action, and “operational” negligence which concerns the manner in which a professional acts upon his client’s instructions to pursue a course of action. With the advent of Montgomery, the distinction between the two kinds of negligence has been thrown into focus in the context of medical negligence. The distinction is an important one for two reasons: 1) the “standard of care” test to be applied; and 2) the measure of damages. |
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