ADMS 2610 Lecture Notes - Lecture 6: Informed Consent, Fiduciary

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Chapter 6 special tort liabilities of business professionals. If the contract is breached by the professional, the client cn hold the professional liable for any foreseeable loss that the client suffered. Fiduciary duty of care: fiduciary duty a duty to place a client"s interest above the professional"s own interests, also applies to unpaid work, professional providing advice must be professional and unbiased. Tort duty of care: sometimes professionals breach the duty of care, we must measure the performance and compare it against the standards set out by the governing body. The standard generally is that of the competent and careful reasonable person trained to exercise the skills of the profession: the level of competence to be maintained is that of the average member of the profession. Informed consent: professionals must explain procedures and obtain consent to action from the party, must outline all risks and side effects.

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