This fact sheet outlines how your business can manage a dispute.<\/p>\n <\/div>\n \n\nDownload Now<\/a> <\/section>\n <\/div>\n\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n
To establish a claim, your business must prove three essential elements:<\/p>\n\n\n\n
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- first, the professional owed you a duty of care, usually because you hired them to provide services;<\/li>\n\n\n\n
- second, they breached that duty by failing to act with the skill and care expected of a reasonably competent professional; and<\/li>\n\n\n\n
- third, their mistake caused your business financial loss.<\/li>\n<\/ul>\n\n\n\n\n
The law compares the professional\u2019s conduct with what a reasonably competent professional in the same field would have done in similar circumstances. The court assesses this based on the professional standards that applied at the time the service was provided, rather than judging the situation with hindsight.<\/p>\n<\/div>\n\n\n\n
What Constitutes Poor Service?<\/h2>\n\n\n\n
Poor service refers to work that falls below your expectations but may not necessarily breach professional standards or cause actionable loss. This might include delayed responses, inadequate communication, minor errors that cause inconvenience or work that is technically adequate but not delivered to a satisfactory mark.<\/p>\n\n\n\n
These issues are often a breach of contract rather than professional negligence. For example, you may hire a marketing consultant who delivers a campaign late, even though the work itself meets professional standards. In this case, the issue is poor service. Your business may still have contractual remedies, but the legal claim will be different from a negligence claim.<\/p>\n\n\n
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\n \n How to Manage a Business Dispute<\/div>\n\n