BU231 Study Guide - Midterm Guide: Fiduciary, Contributory Negligence, Intentional Tort
Document Summary
General principles strict liability, fault/no fault, vicarious liab (type of strict law no. Chapter 3/4: torts lawsuit until there is harm) ****professional liability is not a cause of action. Duty of care (it is about the relationship and identity between plaintiff and defendant, are they in a foreseeable relationship) vs. Breach of the standard of care (what would a reasonable person in same circumstances would have done) Misrep= intentional tort telling a lie about you vs. unintentional tort that tells a lie about something not about you (what you should do, your opinion that you now believe. And act on they convince you of that lie and you based your decision on. That lie: misrep vs. neg misrpe= i fell below soc a competent industry professional would have given vs. I did everything right and came to the same conclusions that other professionals would have come to as.
