Explain Professional's duties of care

Question

What are the professional's duties of care may arise?

Answer 1

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.