BU231 Lecture Notes - Lecture 4: Fiduciary, Intentional Tort
Document Summary
Chapter 4 professional liability: the legal challenges. The contractual relationships leads to a breach of contract cause of action. The fiduciary relationship leads to breach of fiduciary duty. The duty of care owed in tort leads to a tort cause of action. Before imposing liability for breach of fiduciary duty is establishing that the relationship is one to which the duty applies. Contractual obligation: an agreement that contains a promise to perform services competently. Fiduciary duty: duty imposed on a person who stands in a special relation of trust to another. Can even arise when the professional donates services free of charge. In a fiduciary relationship, the client is particular vulnerable to or is at the mercy of fiduciary holding the discretion of power. Third party liability: liability to some other person who stands outside a contractual relationship. Duty of account: duty of a person who commits a breach of trust to hand over any profits derived from the breach.
