From: Colin Liew <colinliew@gmail.com>
To: ODG <obligations@uwo.ca>
Date: 22/05/2011 13:28:27 UTC
Subject: Implied duty of skill and care

Dear all,

By virtue of s 13 of the Supply of Goods and Services Act 1982 (c 29), contracts for the supply of a service contain an implied term that the supplier will carry out the service with reasonable care and skill (if the supplier is acting in the course of a business). I seem to recall that this merely replicated the position at common law (the term being one implied in law rather than in fact), but I have been unable to locate the relevant case law to this effect. I would be most grateful if anyone familiar with this branch of the law could educate me as to whether my understanding is incorrect, or otherwise point me in the right direction.

Many thanks,
Colin