Equipment Financiers:

Because an individual will have a special reliance on the expertise of a professional, claims in negligence against professionals are assessed according to a high evidentiary standard. Equipment financiers can be accused of professional negligence if and when there is a claim that they have breached a standard associated with their “duty of care”. Whether or not this duty has been breached will depend on a detailed investigation of the rights and responsibilities of parties under contract as well as any relevant codes of ethics or codes of conduct which may exist in the industry in which the equipment financier is operating. This process is heavily fact based and involves a focused analysis of the law as it relates to the specific circumstances of each case.

Legal advice should be sought by a professional who is facing a claim in professional negligence. Such claims should never be taken lightly. The consequences of a negligence claim can involve irreparable damage to business and financial ruin. One matter that needs to be born in mind is the impact that insurance politics may affect, or be affected by, any such claim. Ordinarily, an insurance policy will have what’s known as an “exclusion” whereby the policy will not cover damage or loss consequent to conduct which is negligent. Whether such conduct is in fact negligent will be subject to a determination on whether the threshold of negligence has been reached.

Likewise, an individual who feels that a duty of care has been breached by a professional should also seek the assistance of a negligence lawyer to assess his case, the prosects and likelihood of its success. Because negligence claims are difficult to prosecute, evidence must be carefully collated and presented before any action is taken in a Court of law. Likewise, the constantly growing body of law which is connected to professional negligence cases must be investigated to ensure that there is sufficient evidence to ground a proper claim.

Equipment financiers’ duties and responsibilities may first be identified in the contractual document under which they discharge their duties. Other duties also exist at law, which can be implied even though they are not explicitly mentioned in the contract or agreement. This will be the first point of call when dealing with an existing or potential professional negligence case. For more information, contact your equipment financier lawyers.

If you require need legal help or professional assistance with a equipment financiers negligence matter you may wish to contact our firm by telephone on (02) 9233 4048 or email us at info@navado.com.au and make an appointment to see one of our solicitors. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.