contracts. The art of doing a thing as it ought to be
2. Every person who purports to have skill in la business, and
undertakes for hire to perform it, is bound to do it with ordinary skill, and
is res-ponsible civilly in damages for the want of it; 11 M. & W. 483; and
sometimes he is responsible criminally. Vide Mala Praxis; 2 Russ. on Cr. 288,
3. The degree of skill and diligence required, rises in proportion to
the value of the article, and the delicacy of the operation: more skill is
required, for example, to repair a very delicate mathematical instrument, than
upon a common instrument. Jones~ Bailm. 91; 2 Kent, Com. 458, 463; 1 Bell~s
Com. 459; 2 Ld. Raym. 909, 918; Domat, liv. 1, t. 4, §8, n. 1; Poth.
Louage, n. 425; Pardess. n. 528; Ayl. Pand. B. 4, t. 7, p. 466; Ersk. Inst. B.
3, t. 3, §16; 1 Rolle, Ab. 10; Story~s Bailm. §431, et seq.; 2
Greenl. Ev. §144.
Source: Bouviers Law Dictionary 1856 Edition