Explain Professional's duties of care
What are the professional's duties of care may arise?
Expert
A professional's duties of care may arise from one of three possible sources:
1. Contractual duty: An agreement to provide professional services to a client implies a certain duty of care. More will be said about this under contract law.
2. Fiduciary duty: Equity imposes a duty of care on a person who stands in a special relationship of trust to another, as in the professional-client relationship.
3. Duty in tort: A duty of care is imposed by tort law to a much broader class of people than under contractual duty. A duty in tort also imposes a time limit for tort action from the moment the breach is discovered.
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1. GML owns 92% of the issued shares in Explorer Ltd. The remaining 8% of the shares are held by five individuals, including a Mr Owen who owns 0.5% of the issued shares. Mr Owen is a high profile individual who has at times been critical of the Chinese government’s activities in the South China
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