Chapter 5 Notes - Chapter 5 Notes Professional liability...

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Interpersonal Process in Therapy: An Integrative Model
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Chapter AA / Exercise 3
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Chapter 5 Notes; Professional liability: the legal challengesLIABILITY OF PROFESSIONALSThree different causes of action1.The contractual relationship caused a breach of contract2.The fiduciary relationship caused a breach of fiduciary relationship3.The tort of negligent misrepresentation is available when a tort duty of care is owed Contractual obligationsThis is an agreement between the professional and client that holds a promise Fiduciary Duty: A duty on a person who has a special relationship of trust and loyalty to another BREACH OF FIDUCIARY DUTY1)The fiduciary has undertaken to act in the best interest of the client 2)The beneficiary is vulnerable to or at the mercy of the fiduciary’s control3)A legal or practical interest of the beneficiary could be harmed by the fiduciary’s exerciseof discretion or controlIf breach is found then: 1)Did they act in the best interest of the client? Honest? 2)Did professional’s behaviour breach the fiduciary obligation?
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Interpersonal Process in Therapy: An Integrative Model
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Chapter AA / Exercise 3
Interpersonal Process in Therapy: An Integrative Model
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