Question 1

Which is easier to prove,fraudulent or negligent misrepresentation? Why?

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Question 2

Causation is the third condition that must be proven to sustain an action for tort liability.Explain.

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Question 3

A professional must not place him or herself in a position where his or her interest and duty conflict.Explain.

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Question 4

What is deceit?

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Question 5

Although the law has long recognized some professional relationships as inherently fiduciary (such as lawyer-client and doctor-patient),not every professional relationship will be fiduciary in nature.Explain.

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Question 6

What is a fiduciary duty?

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Question 7

Damages for breach of fiduciary duty and breach of contract are based on the same principle.Explain.

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Question 8

Professionals may have liability to their clients in tort and contract,and for breach of fiduciary duty.Briefly explain the basis for liability in these categories.

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Question 9

What is a fiduciary duty?

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Question 10

In a lawsuit alleging negligent misrepresentation the plaintiff must establish more than a breach of duty causing loss.Identify the five requirements for proving negligent misrepresentation as set by the Supreme Court of Canada.

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Question 11

What is a multi-disciplinary partnership?

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Question 12

Explain what is meant by the "duty to account" of a professional who has committed a breach of trust.

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Question 13

What are professional bodies? Explain the role of professional bodies.

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Question 14

What is the difference between negligent misrepresentation and fraudulent misrepresentation?

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Question 15

What is a conflict of interest?

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Question 16

Deciding on the type of action to bring for acts or omissions of a professional who breached a duty of care was not always easy,but this has changed.Explain.

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Quiz 5: Professional Liability: the Legal Challenges

Which is easier to prove,fraudulent or negligent misrepresentation? Why?

Causation is the third condition that must be proven to sustain an action for tort liability.Explain.

A professional must not place him or herself in a position where his or her interest and duty conflict.Explain.

What is deceit?

Although the law has long recognized some professional relationships as inherently fiduciary (such as lawyer-client and doctor-patient),not every professional relationship will be fiduciary in nature.Explain.

What is a fiduciary duty?

Damages for breach of fiduciary duty and breach of contract are based on the same principle.Explain.

Professionals may have liability to their clients in tort and contract,and for breach of fiduciary duty.Briefly explain the basis for liability in these categories.

What is a fiduciary duty?

In a lawsuit alleging negligent misrepresentation the plaintiff must establish more than a breach of duty causing loss.Identify the five requirements for proving negligent misrepresentation as set by the Supreme Court of Canada.

What is a multi-disciplinary partnership?

Explain what is meant by the "duty to account" of a professional who has committed a breach of trust.

What are professional bodies? Explain the role of professional bodies.

What is the difference between negligent misrepresentation and fraudulent misrepresentation?

What is a conflict of interest?

Deciding on the type of action to bring for acts or omissions of a professional who breached a duty of care was not always easy,but this has changed.Explain.