COMM 381 Study Guide - Midterm Guide: Uberrima Fides, English Criminal Law, Fiduciary
14 Apr 2013
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Fiduciary duty utmost good faith, a concern of professionals. Arises from medieval english criminal law, as a separate system for compensation for victims of crimes when the king"s court granted a writ . Only intentional torts were recognized initially trespass . In 20th century the rise of negligence as the most important form of tort action: donoghue v. Secondarily: specific and general deterrence a form of social regulation. Maybe: punishment; allocation of loss among societal actors. In a tort action, the plaintiff wants to prove that the defendant is liable for the plaintiff"s harm - she wants to show that the defendant is civilly responsible for an action causing harm on a balance of probabilities. This is distinct from criminal guilt which is proven beyond a reasonable doubt. In a torts case, one looks for fault or liability, not guilt! Legal responsibility whether civil or criminal can arise regardless of the amount of intention or involvement by the defendant.
