A duty to warn

July 2012
Rachel Barnes

The scope of a professional duty should be determined by the professional person’s retainer or contract of engagement. However, it is possible that a duty may be triggered by circumstances that arise during the commission. A common example is where a professional, in the course of doing the job for which he or she has been retained, becomes aware of a risk or potential risk to the client and may thereby become under a duty to inform the client of the risk.

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