A tort is a professional misdeed that causes harm and can be intentional or unintentional. Neglect, breach of fiduciary duty, and misrepresentation are types of torts. Neglect involves failing to meet professional standards, while breach of fiduciary duty involves putting personal interests before a client’s. Misrepresentation occurs when a practitioner’s actions or inactions cause a client to suffer injury or loss.
A tort is a crime for which a person can bring an action for damages. Malpractice is a professional misdeed that harms someone. A tort may include negligence, breach of fiduciary duty, or misrepresentation. A tort refers to a professional – often, but not always, a doctor, lawyer, accountant, dentist, or architect – who commits a tort that causes injury or loss to the person who employed the professional. A tort can be intentional or unintentional and can arise either from the trader’s actions or from the trader’s failure to perform an act.
Neglect is a type of tort. In this type of tort, a person filing a damages claim must prove that the professional did not perform his or her work up to a certain standard. For example, if a person hires an attorney to handle a certain type of case, the attorney must do their job well enough to meet the same standards as the average attorney in the community. If the attorney does not perform the job to the same standard and the client suffers an injury or loss, the attorney may have been negligent. Examples of negligence as a tort include failure to file a lawsuit within the statute of limitations, failure to include a cause of action in a lawsuit, and failure to perform legal searches.
Another type of tort is the breach of fiduciary duty. A fiduciary duty requires a practitioner to give his client’s interests top priority. This includes taking precedence over the personal interests of the trader. For example, an attorney handling a client’s money has a fiduciary duty to his client. If the attorney mishandles the money in any way and the client loses money, then there is a breach of fiduciary duty and the breach is a type of tort.
Misrepresentation is another type of tort. Misrepresentation can occur when a practitioner makes statements, does something, or fails to do something, and a client relies on the practitioner’s statements, actions, or inactions, and suffers injury or loss as a result. For example, a lawyer fails to investigate whether a building complies with certain safety codes, but tells his client that he does; the customer buys the property and therefore cannot rent the space because the property is not up to standard. This would be a misrepresentation and the client could sue his lawyer for misrepresentation.
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