BU231 Chapter Notes - Chapter 4: Fiduciary, Intentional Tort

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17 Oct 2013
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Professionals = people who have specialized knowledge and skills that their clients rely on and are prepared to pay for: usually belong to a professional organization and licensed. Liability of professionals liability may arise from 3 relationships, generating 3 diff. causes of actions. Contractual relationship breach of contract most often. Fiduciary relationship breach of fiduciary duty. Duty of care owed in tort tort cause of action. An agreement to provide professional services to a client contains a promise to perform those services competently: breach of this promise = breach of the contract. Sometimes, there is no contract between the professional and the injured party so fiduciary or tort liability are the only alternatives. A duty imposed on a person who stands in a special relation of trust to another. Can arise even when the professional donates services free of charge so that no contract exists. Not every professional relationship is a fiduciary one.

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