professional duty of care

four years ago, on the way to be a certified professional engineer, or PE, i was introduced to the word liability, negligence. then there was a concept of duty of care. now i'm in trouble. i've never heard any of those words during my study years nor before i decided to get a PE. i mean, i've never heard in the context that i'm now facing.

luckily, by that time i've developed interest in law (i've even finished several books on constitutional law, e.g. a book written by Michael Allen, Brian Thompson and Bernadette Walsh). but i'm not going to be some kind of lawyer or what but it really an eye opener. an engineer must be careful in discharging his role as, an engineer. it says when i offer my service, i owes duty of care to the man on the street. if i fails to discharge that duty (or they called it, breaches the duty) reasonably & that man suffers, so i may be in trouble. and all this can arise even if there's no formal contract between me and that man. and i may even liable if a third party suffers because my conduct. and this conduct may in in term of my action or inaction (or omission, they said). i'm not offering any advice here, and any law man out there please help me if i'm wrong.

in order to refresh my mind the following cases have great influence on what ever things that i've wrote.

• Donoghue v Stevenson [1932] AC 562 - duty of care and who is your neighbour test
• Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 - duty breached and the standard of care test
• Hedley Byrne and Co. Ltd. v Heller and Partners [1963] 2 All ER 575 - damages

all those cases were laid well before i was born and i believe they are now have stand the test of time.

i wonder is it good if all those concepts and what the history behind them be taught during the study years? i don't really know but i'm really glad if i had the opportunity to learn them during my study. those things should be able to prepare the undergraduate to be kind of 'prepared'.

so for those undergraduates, please dig deeper in what ever your field of studies. ask people around you. some say asking correct question is sometimes more important than answering correctly. i've already had my lesson for not thinking out of the box.