COMM231 Chapter Notes - Chapter 4: Professional Code Of Quebec, Fiduciary
3 Nov 2013
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Document Summary
Chapter 4 professional liability : the legal challenges. A duty imposed on a person who stands in a special relation of trust to another. (lawyer client or doctor patient) 3 characteristics: fiduciary has scope for the exercise of some discretion or power, fiduciary can unilaterally exercise that power or discretion, client is in a vulnerable position. Fiduciary should not place herself in a conflict of interest. Tort liability: when professional deliberately or carelessly cause damage to a client. If a professional, may be liable in contract, tort, and breach of fiduciary duty. Client may plead all causes of action in the alternative. Will not recover higher damages only because claim is for breach of fiduciary duty. Negligent misrepresentation: an unintentional tort imposing liability when an incorrect station is made without due care for its accuracy. Liability for negligent misrepresentation may exist without a contractual or fiduciary relationship. Can be sued for misrepresentation on a confidential doc.
