BSEN 395 Lecture Notes - Lecture 22: Uberrima Fides, Contributory Negligence, Fiduciary
6 Dec 2017
School
Department
Course
Professor
Document Summary
Professional bodies- train, educate, set standards, enforce standards. All professionals- have a fiduciary duty- utmost good faith, put the clients" interests before yours- if you fail and injure a client- they can sue you for a breach of fiduciary duty or sue you for professional negligence. It"s standard of care- professionals are held tot eh standard of a professional of like training and experiences . Medical assault and battery- a professional must give you informed consent before they administer a medical treatment. Informed consent- a patient must be fully informally of both benefits+ risks. Negligent misrepresentation- if you a professional are giving prof. advice that could be logically (reasonably) relied on by a client or a third party that hears it and the advice is negligent (carelessly wrong). The professional is liable for the resulting loss. But, the win the suit the suing party (plaintiff) must be of a class of people who would reasonably foreseeably rely on that advice.
