Appreciation of Scientific/Expert Evidence: Professional 'Standard of Care' and Due Process

Description

Contesting liability in any dispute has become an increasingly evidence-intensive process. In cases involving the attribution of liability for professional negligence, the legal system necessarily relies on effective assistance from experts. This note highlights the key contractual implications and systemic challenges in enforcing professional standards and evaluating expert evidence in India. The fundamental objective of any dispute resolution system is to ensure a fair examination of facts and evidence, thereby delivering substantive justice. Judges are entrusted with the critical responsibility of identifying the most reliable evidence within the framework of procedural law. This task requires considerable effort, as determining the truth often involves evaluating multiple forms and sources of evidence. Evidence is generally classified as either oral or documentary. Across jurisdictions, rules of evidence are guided by the principles of relevance, admissibility, and sufficiency. Courts may consider only such evidence that is relevant to the matter at hand, is not prohibited by law, and is sufficiently credible to form the basis of a judgment. The Indian Evidence Act, 1872—applicable to civil suits, contract disputes, and criminal cases—provides definitions for when a fact is considered “proved,” “disproved,” or “not proved.” In this context, it is essential to understand how courts assess scientific evidence, particularly in cases involving professional negligence. This note is divided into two parts. The first examines the contractual implications of professional negligence, particularly the failure to meet the required standard of care. The second analyzes the evidentiary threshold for expert testimony as considered by courts and other legally or contractually authorized dispute resolution mechanisms, such as arbitration and conciliation. In explaining these legal concepts and evidentiary processes, this note draws extensively on examples and disputes from the construction industry.

Publication Date

1-1-2013

Keywords

Professional services, Professional care, Professional negligence

Conference

Conference on Forensic Civil Engineering, 23-24 August, 2013, Bangalore, India

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