General Part, Illustration.

A. finds a watch which B. has lost, and in good faith, and intending the true owner’s benefit, attempts to clean it and put it in order. In doing so A. spoils the watch. A. has wronged B.

Liability for harm not wilfully done by breach or omission or neglect of legal duty, or by negligence.9. Every one commits a wrong who harms another—

In the absence of any more specific rule applicable to the case, due care and caution means such care and caution as a man of ordinary sense, knowledge and prudence may be expected to use in the like case, including, in the case of acts and undertakings requiring special skill, such care and skill as may be expected of a person reasonably competent in the matter in hand.

Exception.—Where the conduct of a matter requiring special skill is undertaken of necessity [or “under circumstances of evident necessity”], and to avoid a greater risk, the person undertaking it is deemed to use due care and caution if he makes a reasonable use of such skill as he actually possesses.