Exam 5: Professional Liability: the Legal Challenges

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

A lawyer who enters into a contract to purchase his or her client's summer cottage has

A multi-disciplinary partnership is

A disclaimer is

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

Use the fact situation above to answer the question. In this situation,if the value of the company increases substantially so that Carol makes money on her investment

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.

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

The difference between a negligent misrepresentation and a fraudulent misrepresentation is that

The contractual duty of a professional contains a promise

The elements of deceit include all of the following EXCEPT

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

What is a fiduciary duty?

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

Which is easier to prove,fraudulent or negligent misrepresentation? Why?

What is a fiduciary duty?

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

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

Damages for breach of fiduciary duty is restitutionary in that

Explain what is meant by the "duty to account" of a professional who has committed a breach of trust.