Professional Negligence refers to a situation where an individual or a group of people who profess to have special skills and training apply those skills for the assistance of another person, who relies on such skills to act, resulting in a financial or other loss. The key elements of professional negligence include:

1. Duty of Care: The professional owes a duty of care not only to their client but also to all those whom they know will rely on their statements, information, and advice in a transaction for which the statements, information, or advice are provided.
2. Breach of Duty: The professional must exhibit the degree of skill, care, and diligence that is expected of a reasonably competent member of their profession. Failing to do so may result in a breach of their duty of care.
3. Causation: The breach of duty must cause a loss to the person relying on the professional’s expertise.
4. Legal Liability: If a loss occurs due to the professional’s failure to meet the expected standard of care, they can be held legally liable for the damages caused by their negligence.

Professionals such as lawyers, accountants, auditors, valuers, and surveyors, among others, may be subject to claims of professional negligence if they fail to render services with the required skill, prudence, and diligence expected by their clients.

(4 marks)