52 THE LAW AFFECTING ENGINEEES 



Thus a consulting engineer who held himself out as an 

 authority on some particular branch of his subject, would be 

 required to carry out his pretensions in practice. 



3. Degree of skill required. The question What is the 

 reasonable care which an engineer ought to display in the 

 performance of his work ? is one which must be answered by 

 reference to all the surrounding circumstances. " The degree 

 of skill requisite is such as may be expected in the circum- 

 stances of time and place from an average person in the 

 profession one neither specially gifted nor extraordinarily 

 dull. Where this reasonable amount of information and skill 

 proportionate to the duties that are undertaken is found, there 

 is no liability for errors of judgment in the application of 

 knowledge. Each case must depend on its own circumstances ; 

 with the paramount consideration that when an injury has 

 been sustained that could not have arisen from the absence of 

 reasonable skill or diligence, then there is liability " (Seven's 

 Law of Negligence, p. 1366). To render a professional man 

 liable for negligence, it is not enough that there has been a 

 less degree of skill than some other professional man might 

 have shown. Extraordinary skill is not required unless pro- 

 fessed or contracted for ; a fair average degree of skill is all 

 that can be insisted on. Or, as it has been laid down (in 

 Lamphier v. Phipos, 1838, 8 Car. & P. 475), a person who 

 enters a learned profession undertakes to bring to the exercise 

 of his business nothing more than a reasonable degree of skill 

 and care. He does not undertake, if he is an attorney, that 

 he will gain a cause at all events ; or, if he is a physician, 

 that he will effect a cure ; nor does he undertake to use the 

 highest possible degree of skill. There may be persons who have 

 higher education and greater advantages than he has, but he 

 undertakes to bring a fair, reasonable and competent degree 

 of skill. 



As an illustration of this principle reference may be made 

 to School Board for London v. Northcroft, 1889, 2 H. B. C. 142, 

 where a mere clerical error on the part of a clerk employed by 

 a quantity surveyor was held not to be due to negligence. The 

 facts of this case are fully set out in Chap. IX., 4, post. 



4. Engineer carrying out employer's orders. While an 

 engineer may be held liable for negligence if he is found to be 



