Key Terms solicitor-client privilege, 127 negligent misrepresentation, 123 fiduciary duty, 120 informed consent, 122 professional, 117 Review Questions 7. In what way or ways would a professional engineer 1. Does a professional person have any responsibility to a person other than the one who engaged the have a responsibility to third parties? professional services? 8. Why are the courts reluctant to make auditors 2. How is the standard of care determined for most responsible to every person who obtained a copy of professionals? a financial statement negligently prepared by the 3. Define "negligent misrepresentation." accountant? What limits do the courts apply to an 4. Explain the role of a professional organization and accountant's responsibility? the issue of professional responsibility to clients. 9. Outline the responsibility of a surgeon to a patient. 5. How would the duty of care be determined for Is it limited only to the actual performance of the persons who are not members of a professional medical procedure? association, but who hold themselves out as persons 10. Outline the steps that an emerging profession must in possession of special expertise? Use an insurance take in order to establish a recognized professional agent as an example. status . 6. What is the "threefold test" and how is it applied 11. Explain "fiduciary duty." in cases of negligent misrepresentation? In what way has the Supreme Court of Canada changed the 12. Should professional associations be responsible for application of this test? the negligent acts of their members? What should large? be the limits of their responsibility to the public at