ADMS 2610 Lecture Notes - Lecture 5: Misrepresentation, Fiduciary, Intentional Tort

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If the answer is yes to all 3 questions, an intentional tort exists. Other liability could also exist under criminal, contractual or negligence (unintentional tort) laws. If a condition is involved, can repudiate contract. If merely a minor warranty is at stake, only special, general and punitive damages are possible. Therefore we all have all have a duty not to injure others. Contract: professionals have a contractual duty to provide services according to the standard of skill, knowledge and judgment of the average professional with similar training and experience, negligent performance constitutes a breach of contract, act of providing services. Because professionals are being consulted for their superior knowledge and skills, they owe clients both a: plaintiff must show that the professional"s work fell well below the standards of the average practitioner of hid or her profession. Fiduciary duty of care: an obligation to place a client"s interests above their own and to avoid any conflicts of interest.

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