ADMS 2610 Lecture : The Law of Torts - Chapter 6 - Special Tort Liabilities of Business Professionals
25 Jan 2012
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Document Summary
Chapter 6 special tort liabilities of business professionals. Professional client relationship: how it arises. Professional: a person with special skills not possessed by most individuals, these special skills distinguish professionals from others, usually has an accompanying professional body (self-regulating body, a system of accreditation, educational and training. Purpose: protection of the public by ensuring professionals are licensed and qualified, professional associations ensure the above. right to revoke or prevent a member from practicing. often provide negligence insurance to their members. contractual duty of professional to perform services. negligent performance is a breach of contract: implied. Fiduciary duty: duty to place a client s interests above the professional s own interests, distinguishes a professional form others, avoid conflicts of interest. Tort duty of care: professionals must perform their duty according to the accepted industry standards, held to the standard of a professional, determined by the self-regulating body.
