Professional Liability: The Legal Challenges - Liability of Professionals

4 important questions on Professional Liability: The Legal Challenges - Liability of Professionals

Liabilities arise from 3 relationships that cause action

1. The contractual relationship generates a breach of contract
2. The fiduciary relationship generates a breach of fiduciary duty
3. The tort of negligent misrepresentation is available when a tort duty of care is owed

When a professional deliberately or carelessly causes damage to a client, the client may sue in contract or in tort

Tort liability

Statutory cause of action for damages arising from misrepresentation

Statuary liability
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The duty of a person to give back any profits obtained from a breach

Duty to account

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