BU231 Lecture Notes - Lecture 3: Fiduciary
Document Summary
Tort law other unintentional torts, negligent misrepresentation & business related. Still have to demonstrate a duty of care. Problem is that since plaintiff so far removed, hard to demonstrate they didn"t demonstrate duty of care. Products that are discovered to be defective. Scientific and technological advancements: as tech advancements discover increased harm in products, companies responsible for updating public and being committed to their ongoing duty of warning public. Invitee and licensee owed higher standard of care. Licensees legal obligation to be on property (i. e. mailman: occupier has standard to remove any hazards of which s/he is aware and those hazards that s/he ought to have been aware of. Where the use of the land is to encourage recreational activity, the user of the premises willingly assumes the risk. The professionals, i. e. doctors, lawyers, accountants, etc. may be held to an even higher standard and must avoid conflicts of interest.
