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Lecture

ADMS2610-Session5-Ch6.docx

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Department
Administrative Studies
Course
ADMS 2610
Professor
Robert Levine
Semester
Summer

Description
ADMS2610 Session 5 Chapter 6 (pg. 103-114) Special Tort Liabilities of Business Professionals Professional – is a person who possess special knowledge or exercises special skills not normally possessed by most individuals - Possession of these skills distinguish the professional from other business persons or service providers o Persons who engages the services of the professional will rely on the professional’s expertise to perform the services that they cannot do - Examples of professionals include lawyers, doctors, accountants, engineers and architects - Recognition and determination of professional standards is a difficulty of establishing the professional status - Professional recognition requires the creation of a professional body to establish these skill standards o Needs authority to enforce adherence by those who wish to acquire and use the professional designation - There are numerous characteristics that distinguish the professional from other service providers o Structured educational and training program o System for recognition and accreditation of the person o A standard for the performance of the skills o Oversight body (such as Law Society, Institute of Chartered Accountants) to perform these duties and enforce the standards for performance  Oversight body must have the authority to revoke the professional designation from persons who fail to maintain the standards of performance for the profession Professional Standards and Professional Association - Legislature have passed legislation for the establishment of professional association to control and regulate their members o This is to ensure the public is protected and the members of the various professions The Professional-Client Relationship - The professional and client relationship is created by a contract between the professional and the client - Under the terms of the contract: o The professional agrees to perform certain specified services for the client in return for a fee o The professional promises to perform the services required in accordance with the standard for his or her profession  Failure to do so will be a breach of contract o The contract establishes a contractual duty on the part of the professional to perform the agreed professional services - In case of a breach of contract: o The client may be able to hold the professional liable for any foreseeable loses that the client suffered - Breach of contract cases are usually a result of careless or negligent performance of the professional service - Breach of contract may also apply when the professional enters into a contract with the client but refuses to perform the service Fiduciary Duty of Care – a dut
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