MGSC30H3 Lecture Notes - Professional Negligence In English Law, Fiduciary, Informed Consent
Document Summary
The professional person agrees to perform certain specified services for the client in return for a fee. A professional under contract impliedly promises to perform the services, and failure to do so would constitute a breach of contract. Client may be able to hold the professional liable for any foreseeable loss that client suffered as a result of the professional"s breach of the contract. Breach of contract are a result of careless or negligent performance, or even if professional enters a contract and doesn"t perform the service. Fiduciary duty: a duty to place a client"s interest above the professional"s own interests: avoid any conflict of interest with those of the client, may arise where a professional agrees to perform a service without a fee. The professional must also ensure that his or her role or interest in the transaction is fully explained and brought to the attention of both parties.
