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class notes - nov 8 - nego inst and tort

class notes - nov 8 - nego inst and tort - party would...

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RockCorp case – drawer, $5800 drawn on royal bank Bruno, cash cheque w/o Endorsement Bank of NS Issue – is BNS a HDC? If cheque deposited into account it becomes HDC automatically. If it is directly cash though, NOT a HDC and takes subject to the equities, lose rights.
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The duties of professionals may be grouped into three categories: 1 Contractual duties a. Where the relationship between parties governed by a contract 2 Tort duties a. Where duty of care is imposed in circumstances where there is no contractual relationship between the parties b. Care, skill, diligence c. Duty owed to anyone who can be reasonably foreseen to use the product. d. Would a reasonable man foresee conduct causing carelessness by one
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Unformatted text preview: party would adversely affect other, if yes then duty of care owed. 3 Fiduciary Duties (equity) a. Can be imposed in a relationship with or without a contract and involves moral and ethical duties Reasonable is always thinking of others, prudence is his guide, always looks where going and never star gazes and meditates when approaching, who in business only looks for narrow margin of profit, devoid of human weakness, careful of his own safety as he is for that of others. Reasonable man golf analogy, get par is what a good golfer would get if playing well....
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