MGSC30H3 Lecture Notes - Lecture 6: Fiduciary, Pro Bono, Limited Liability
Document Summary
June 20, 2017 lecture 6: torts: professional and business-related. Was the standard of care breached: standard is that of a reasonable person, in professional contexts, standard is that of a competent professional. The standard is that of a competent, fully-qualified member of the profession. No allowance made for being a novice, similarly, no expectation of genius. Specialties are recognized, such as a heart surgeon distinct from a general practitioner: apply a competent professional test. Inadequate performance in this context might be seen as either negligent or a breach of contract: the relationship may also be gratuitous, and either offered pro bono or on a casual basis. Professionals must be very careful about rendering service in any context, as they may end up liable for it. A doctor advising participation in some experimental treatment he has an interest in. Assuming it"s done competently: sometimes professional work has fiduciary element.
