Contemporary Canadian Business Law

Business

Quiz 6 :

Special Tort Liabilities of Business Professionals

Quiz 6 :

Special Tort Liabilities of Business Professionals

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A husband and wife, Michelle and William, contacted an insurance agent for coverage for the wife's business, financed by the husband. The agent negligently arranged for insurance in William's name only. When Michelle suffered a loss, she thought it would be covered by the policy, she discovered that her business was not covered by the insurance. In the court action that followed:
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E

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The professional under a contract implies promises to perform the services required in accordance with the standard for his or her profession, and a failure to do so would constitute ______________________.
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B

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Most professionals are members of professional associations that are responsible for the establishment of
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E

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Breach of contract cases usually are a result of careless or negligent performance of the professional service.
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Leonard was an entrepreneur who owned a restaurant business called, Blue Moon Diner Ltd. The business was located in an old house owned by Leonard. Lauren, the accountant, was preparing financial statements for the purpose of selling Blue Moon Diner Ltd. She assumed that the house was an asset of Blue Moon Diner Ltd. and did not review the land title or check with Leonard. Alicia purchased the business for $500,000, believing that the house was an asset worth $450,000 and the business was worth $50,000. Can Alicia sue Lauren?
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In solicitor-client privilege, the lawyer normally has no legal obligation to reveal any confidential information to legal authorities or to anyone, unless:
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The normal approach for the engagement of the services of an architect is through a contract. Under the terms of the contract, the architect is usually expected to:
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"Competent lawyer" means a lawyer who has and applies relevant skills, attributes, and values in a manner appropriate to each matter undertaken on behalf of a client.
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The case of Hercules Management Ltd. v. Ernst and Young (1997) makes the following contribution to the law regarding professional liability of accountants at common law:
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A professional is a person who possesses special knowledge or exercises special skills not normally possessed by most individuals.
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Lisa, a three-year-old girl, was having her tonsils removed. Towards the end of the surgery, Dr. Talker answered her cell phone and failed to thoroughly check for sponges in Lisa's throat. Lisa choked to death. Can Lisa's family successfully sue Dr. Talker?
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Professional associations are not given the authority to limit the use of the professional designation to individuals who are members in good standing in the association, or to take action under the legislation to prevent anyone not a member in good standing from holding him or herself out to the public as a particular professional, or offering the professional services to the public.
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One of the obligations upon professionals acting in fields that can create tort liability is the obligation to _______________________ from the party who will be affected by the professional service.
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Rose, a financial advisor, recommended that a client, Maureen, purchase shares in Mad Money Mutual Fund. Relying on Rose's recommendation the client purchased 100 units. The entire stock market collapsed, and the value of Mad Money Mutual Fund was reduced significantly. Maureen was surprised to learn that Rose earned a commission on each unit sold to her clients. Is Rose liable to Maureen?
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Manno had injured his knee and required laparoscopic knee surgery. During his appointment with the surgeon, Dr. Cutter, Manno was advised of the risks associated with the surgery including death and limited mobility in his knee. Dr. Cutter did not discuss scarring if traditional surgery was required. Manno signed the consent form. In the operating room, Dr. Cutter concluded that laparoscopic surgery would not repair Manno's knee and he had to make three large incisions in a traditional method. Manno's knee was repaired but he had three large, unattractive scars. Manno was a male model. Can Manno successfully sue Dr. Cutter?
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A successful negligence suit against a member of a profession must measure the ________________ of the particular practitioner with that prescribed by the profession in general and must show in the evidence that the practitioner failed to meet that standard.
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If an engineer designs a bridge without consideration for the weight of traffic that would travel over the bridge, and the bridge collapses, the engineer may be
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For many professions, the standard of care extends beyond the single performance of the service, and the professional may also be required to
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A duty to place a client's interest above the professional's own interests is known as:
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It is suggested, but not legally required, that a lawyer recognize the limitations on his or her ability to handle a legal matter, and to take such steps as may be required to ensure that the client has appropriate advice, such as directing the client, if necessary, to another lawyer with greater expertise in the particular legal manner.
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