BU231 Chapter Notes - Chapter 4: Fiduciary, Intentional Tort, Professional Code Of Quebec
Document Summary
Bu231 chapter 4: professional liability: the legal challenges. Professional may be found liable from breach of contract if there"s a contract to supply the advice. Sometimes, professional must honour fiduciary" responsibilities separate from any tort or contractual obligations. Challenging to determine when liability for professional incompetence or negligence should be imposed. Liability may arise from 3 relationships, generating 3 different causes of action: The contractual relationship leads to a breach of contract cause of action. The fiduciary relationship leads to breach of fiduciary duty; and/or. The duty of care owed in tort leads to a tort cause of action. Most cases, professional stands in contractual relationship with her client. Because of professional"s position of authority, special relationship of trust may also exist between professional and client, giving rise to fiduciary duty. Agreement to provide professional services to a client contains a promise, whether stated expressly or not, to perform those services competently.
