BU231 Chapter Notes - Chapter 4: Intentional Tort, Fiduciary, Liability Insurance
Document Summary
The contractual relationship leads to a breach of contract cause of action. The fiduciary relationship leads to break of fiduciary duty; and/or. The duty of care owed in tort leads to a tort cause of action. Tort is one way to assign liability to a professional. Another way a professional may be found liable is for breach of contract if there is a contract to supply the advice. Liability may arise from three relationships, generating three different causes of action: An agreement to provide professional services to a client contains a promise whether stated expressly or not, to perform those services competently. Sometimes there is no contract between the professional and the injured party; in such circumstances fiduciary or tort law are the only alternatives. Fiduciary duty a duty imposed on a person who stands in a special relation of trust to another.
