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Chapter 4 - Specific Issues in Tort Law - Coggle Diagram
Chapter 4 - Specific Issues in Tort Law
Professional Liability
tort of negligence for professioals thatprotects them from economic loss in the event of
client injury due to the service provided
Fiduciary Duury
A Standard by which professionals have a legal responsibility to provide service or advice in the best interest of the client
without personal gain
Trust
Loyalty
Responsibility
Examples
Patient-Doctor
Lawyer-Client
Director/Officer- Corporation
Architect- Client
Factors for Professional Liability
Professional Relationship - aka
Holding Duty of Care
Professional in position of power or trust
-
manufacturer's Responsibilithy
Negligence
established by
The company had a duty of care
Beached the duty of care
Plaintiff Suffered harm because of that breach
Consumer Product
CCPSA (Canada Consumer Product Safety Act)
is the product safe?
Has it been tested?
Been approved to be manufactured
Packaging and labelling follow the regulations?
Does your business have policies in place for product recalls?
Kinds of Liability
Occupiers Liability
Take reasonable steps to make your property safe for anyone who comes onto it
Whether it is an intentional or unintentional tort depends on who exactly comes on your property
Successful Claims
Made all reasonable attempts to keep safe
Injury due to negligence of the occupier
individual suffered damages as a result of the injury
Contributory negligence
Court apportions responsibility to the injured
decide the injured party too may have contributed to the injury
Classes of People
Trespassers
Enters the land of the occupier without legal right or permision
Licensees
Entering the land with occupier's permission
Invitees
Entering the land on an invite from the occupier for the occupier's benefit from the invitee's business
Implications of Product Liability of Manufacturers
Occupiers' liability as a tort