What is the legal test for determining a breach of standard in professional services according to the Civil Liability Act?

The legal test for determining a breach of standard in professional services under the Civil Liability Act primarily emphasizes that the standard is based on peer professional opinion. This means that the assessment of whether a professional acted in accordance with the expected standard of care is measured against what is deemed acceptable practice among similarly qualified professionals in the same field. Essentially, this approach takes into account the collective judgment and practices of peers, which is crucial for ensuring that accountability is rooted in recognized professional norms rather than arbitrary or personal views.

Using this standard allows for a more objective assessment, given that it reflects the consensus within a professional community about what constitutes appropriate behavior in specific situations. Therefore, professionals are held accountable not just to their own subjective views of how they should perform their duties, but to a broader, established standard that takes into account the knowledge, skills, and practices that are common in their profession at the time of the alleged breach.