Textbook Notes (363,135)
Canada (158,215)
Commerce  (111)
COMM 231 (60)
Chapter 4

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University of Waterloo
COMM 231
Joseph Radocchia

Chapter 4 Professional liability : the legal challenges Liability may arise from 3 relationships 1. The contractual relationship leads to a breach of contract cause of action 2. The fiduciary relationship leads to breach of fiduciary duty 3. Duty of care owed in tort leads to a tort cause of actions Fiduciary Duty - A duty imposed on a person who stands in a special relation of trust to another. (lawyer client or doctor patient) 3 characteristics 1. Fiduciary has scope for the exercise of some discretion or power 2. Fiduciary can unilaterally exercise that power or discretion 3. 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. Choice of action  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 r
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