Appreciation of Scientific/Expert Evidence: Professional ‘Standard of Care’ and ‘Due Process

Abstract

Contesting liability in any dispute has become an intense struggle of evidence. If it involves a serious matter of attributing liability for professional negligence, the legal system necessarily requires effective assistance of the experts. This note attempts to highlight major contractual implications, and systemic challenges, in the enforcement of professional standards and appreciation of expert evidence in India. The paramount object of any dispute resolution system is to guarantee a fair process of examining the facts and evidence, thereby being ultimately able to deliver substantive justice to the deserving. The judge is charged with the fundamental duty of undertaking a sincere quest for the most reliable evidence, within the elaborate framework of the procedural law. This is indeed a task of considerable effort, especially since determination of the true facts would require employing multiple methods and sources. Evidence is generally classified as being 'oral' or 'documentary'. Rules of evidence, across the world, emphasize on the essential principles of - relevancy, admissibility and sufficiency. The courts are empowered to consider only such evidence - that is relevant to the facts of the matter; that is not disallowed or considered illegal by any law; and which is sufficiently weighty to form the basis of the judgement. The Indian Evidence Act, 1872, which is applicable to all civil suits, contract disputes and criminal cases, also defines as to when is a fact - 'proved', 'disproved' or 'not proved'. It is in this particular context that we need to understand the process by which the courts appreciate 'scientific evidence', especially in matters pertaining to determination of negligence. This note is divided into two parts: first, an explanation of the contractual implications of professional negligence or lack of 'standard of care'; and second, the threshold nature of 'expert evidence' that is appreciated by the courts or any other legally or contractually authorized dispute resolution mechanism (like arbitration or conciliation). In explaining the applicable legal concepts and the working of the evidentiary procedures, this note relies extensively on instances and disputes in the domain of the construction industry.