Consultant's rights, duties, and liabilities
South African law is Roman-Dutch Law common law as modified by legislation and and interpreted interpreted by case law or precedent.
Consulting contracts under South African law are classified as 'Mandate' contracts. The principles of law applicable to professional service mandate contracts are similar to this applicable to agency contacts in that the relationship between the client and the consultant is a fiduciary one. In addition the consultant owes the client a common law duty of care, which means to perform professional service without negligence.
A number of standard forms or templates are in use by clients who engage consulting services, these include the
- FIDIC White Book
- NEC Professional Services Contract
- CIDB Professional Services Contract, and
- PROCSA contract.
Each of these contain terms that alter or supplement the rights and obligations and potentially the professional liabilities and place additional duties on the Consultant that a alter those duties and liabilities under the common law Mandate contract.
We can assist consultants in understanding their rights, duties, and liabilities under the common law and the industry forms,