Question 1

Like any other standard of care,the standard of care for professionals evolves and changes as the law evolves and changes.

Accepted Answer

The standard of care for professionals is not static and changes over time, just like any other standard of care. It evolves and adapts as new laws, technologies, and best practices are developed. It is important for professionals to stay up-to-date with these changes to ensure they are providing quality care and services to their clients or patients.

Question 2

If a fiduciary duty exists,the law imposes additional requirements on a professional beyond those set out in any contract or required under tort law.These requirements include all of the following EXCEPT

Accepted Answer

While the other options are requirements of a fiduciary duty, the need to reduce to writing all meetings held with the client is not specifically required. However, it may be a recommended practice to ensure transparency and avoid misunderstandings.

Question 3

If a client sues a professional for failing to exercise reasonable care in giving advice,but the client has suffered no damage as a result,the professional will not be liable.

Accepted Answer

For a professional to be liable for negligence, the client must prove that they suffered damages as a direct result of the professional's failure to exercise reasonable care. Without damages, there is no basis for a negligence claim.

Question 4

Normal standards of care always apply to professionals who undertake a task beyond the usual skills of the profession.

Accepted Answer

Professionals are generally expected to adhere to the standards of care within their field of expertise. When they undertake tasks beyond their usual skills, they may not be held to the normal standards of care for those tasks, but rather to a standard that reflects their actual expertise and the expectations set forth when they took on the task.

Question 5

Liability for breach of a fiduciary duty may arise even where there has been no negligence.

Accepted Answer

Fiduciary duties are based on a high standard of care and loyalty. Breach of these duties can result in liability even if there was no intent to harm or negligence on the part of the fiduciary.

Question 6

Generally speaking,all professional organizations have a number of the same responsibilities.

Accepted Answer

It is generally true that all professional organizations have a number of the same responsibilities, such as promoting ethical and professional standards, providing networking and educational opportunities, and advocating for the interests of their members. However, specific responsibilities may vary depending on the nature and focus of the organization.

Question 7

A professional may owe a duty of care in tort to someone other than the client.

Accepted Answer

This is true in certain circumstances, such as when there is a third party who may be affected by the professional's actions or advice. For example, a doctor may owe a duty of care to a patient's family members, or a lawyer may owe a duty of care to a client's business partners.

Question 8

Brayden had a long history of intestinal disorder.After several failed non-invasive treatments,it was suggested to him that he undergo a colonoscopy as a means of better diagnosing his problem.He spent five minutes prior to the procedure consulting with the doctor who performed the colonoscopy.He was told by the doctor that these procedures usually are simple and for the most part problem-free.Brayden agreed to undergo the procedure.During the course of the colonoscopy his bowel was perforated and he was required to undergo a significant open surgical procedure to save his life.Brayden sued the doctor for lack of informed consent.At trial,the expert evidence established that the risks of bowel perforation were material risks and as such ought to have been disclosed.Brayden in fact testified that had he been told of the risk of bowel perforation he would have not undergone the colonoscopy.However,the judge hearing the case made a finding that a reasonable person with Brayden's condition having been properly informed of all the risks would have undergone the colonoscopy.In these circumstances,the judge will likely then proceed to

Accepted Answer

The judge will likely dismiss the action because a reasonable person in the position of the plaintiff would have proceeded with the colonoscopy had they been informed of the material risks. This is because expert evidence established that bowel perforation is a material risk of the procedure, but a reasonable person with Brayden's condition would still opt for the procedure because the benefits outweigh the risks. The fact that Brayden testified that he would not have undergone the colonoscopy if he had been told of the risks of bowel perforation is not determinative, as the judge must consider the reasonable person standard. Additionally, the fact that Brayden had to undergo a life-saving surgery does not automatically make the doctor liable for lack of informed consent, as the judge must still find that there was a failure to provide material information about the risks of the procedure.

Question 9

A disclaimer is

Accepted Answer

A disclaimer is a statement that denies responsibility or liability for certain actions or results. It is commonly used to limit legal liability or protect intellectual property.

Question 10

Which of the following is NOT true?

Accepted Answer

A fiduciary duty can exist even without an existing contract between the professional and the client. It can arise out of a relationship of trust and confidence, such as between a doctor and patient or a trustee and beneficiary.

Question 11

A fiduciary duty may exist in the absence of a contractual duty.

Accepted Answer

A fiduciary duty is a legal duty for one party to act in the best interest of another party. While a fiduciary duty can arise from a contract, it can also exist in the absence of a contractual obligation. Examples include the duties of a trustee to a beneficiary or the duties of a corporate director to shareholders.

Question 12

The duty of a professional to take reasonable care does not include a duty not to omit essential matters.

Accepted Answer

The duty of a professional includes a duty not to omit essential matters. This means that they have a responsibility to provide all relevant information and disclose any potential risks or problems that the client should be aware of. Failing to do so could result in legal liability for the professional.

Question 13

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

Accepted Answer

Damages for breach of contract and breach of fiduciary duty are both based on the principle of compensating the injured party for the losses they have suffered as a result of the breach.

Question 14

If the plaintiff has suffered no damages,a defendant who has breached a fiduciary duty will not be held liable.

Accepted Answer

Even if the plaintiff has suffered no damages, a defendant who has breached a fiduciary duty may still be held liable for their actions. This is because the breach itself is considered a violation of trust and the duty owed by the fiduciary to the plaintiff.

Question 15

Provincial legislation sometimes creates a statutory cause of action for damages arising from misrepresentations.

Accepted Answer

Provincial legislation such as consumer protection laws can create a statutory cause of action for damages resulting from misrepresentations made by a business or individual.

Question 16

In the case of breach of fiduciary duty,a defendant may be under a duty to account for any profits derived from the breach as an alternative to damages.

Accepted Answer

This is true as the defendant may be required to disgorge any profits obtained as a result of their breach of fiduciary duty, as a way of preventing unjust enrichment. This is known as an accounting remedy. However, the availability of this remedy may depend on the specific circumstances of the case and the jurisdiction in which it is being heard.

Question 17

Where two professionals have specialized knowledge and skill in the same profession,representation of one by the other negates the usual standard of care for the professional who is representing the other.

Accepted Answer

The standard of care is not negated simply because both parties are professionals in the same field; each professional is still expected to adhere to the usual standards of care and competence applicable to their profession.

Question 18

The essence of causation in professional-client relationships is the suffering of harm or damage.

Accepted Answer

The essence of causation in professional-client relationships involves not just the suffering of harm or damage, but also establishing that the professional's action or inaction directly led to the harm or damage.

Question 19

A duty to account is

Accepted Answer

A duty to account is the duty owed by a person who commits a breach of trust to hand over profits made as a result of the breach. This duty requires the breaching party to provide a detailed and accurate account of any profits gained from the breach.

Question 20

The greater exposure of professionals to liability for professional negligence has led to the extensive use of

Accepted Answer

Liability insurance is used to protect professionals from the risk of being sued for professional negligence. It covers the costs of legal defense and any damages awarded in the event of a successful lawsuit.

Answer: D 
 Disclaimer clauses are sometimes used by professionals to limit their liability for professional negligence. However, they may not always be effective in protecting the professional from legal action.

Quiz 5: Professional Liability: the Legal Challenges