Professional Documents
Culture Documents
CHAPTER 5
Professional
Liability: The Legal
Challenges
Objectives
Fiduciary Duties
Duty in Tort
Choice of Action
A two-part test:
1. Was it reasonably foreseeable that the
defendants act would harm the plaintiff?
Proximity of relationship - sufficiently close?
2. Was the misrepresented information used for the
purpose for which it was prepared?
Any policy reason to limit scope of duty?
Multi-disciplinary Partnerships
Strategies to
Manage the Legal Risks