error of judgment

error of judgment
A mistaken conclusion. Not negligence if committed in good faith in the observance of the standard or ordinary or reasonable care. 38 Am J2d Negl § 33. If one, assuming to act as an expert, has knowledge of the facts and circumstances connected with the duty he is about to perform, and, bringing to bear all his experience and skill, weighs those facts and circumstances, and decides upon a course of action which he faithfully attempts to carry out, his want of success would be due to error of judgment, and not to negligence. Luka v Lowrie, 171 Mich 122, 136 NW 1106. Although a druggist is not necessarily responsible for the results of an error of judgment which is reconcilable and consistent with the exercise of ordinary skill and care, a presumption or an inference sufficient to require the druggist to disprove negligence arises upon proof of mistake or inadvertence on his part. 25 Am J2d Drugs § 56.

Ballentine's law dictionary. . 1998.

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