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A clause in a contract cannot preclude legal action for negligence. Negligence occurs where a party owes a duty of care to another and they fail in that duty of care by not acting according the standard to be expected of a reasonable person carrying out that trade, skill or profession. There are certain relationships where the duty is clearly established such as priests and parishioners, accountants and clients, lawyers and clients and doctors/medical professionals and clients. Therefore, you do not need to show that a duty of care was owed to you by the professional but that they fell below the standard to be expected. You should engage a solicitor to bring this action and should be able to obtain legal representation on a no win no fee basis such as with the below:
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