similarities
For those studying, have you ever noticed that the analysis in some subjects are similar to others? For example, consider negligence. Duty, Standard of care, breach, causation, and damages. Simple enough.
Now notice that there are several other topics which require a similar anaysis:
CORPORATIONS: Director's duty of care
Duty - to corporation
Standard of Care - reasonable director
Breach - reasonable director would not...secretly profit through an interested sale
causation - b/f the secret profit, the corporation has lost money, no superseding cause
damages - corporation lost money
remedy - director personally liable, must disgorge profit to corporation
PROFESSIONAL RESPONSIBILITY: Lawyer's duty of care
Duty - to client
Standard of Care - reasonable lawyer in good standing
breach - reasonable lawyer would not put himself in a conflict of interest situation by having sex with a client (assuming went beyond permissible rules re: sex in CA)
causation - b/f the conflict of interest, no ethical violation
damage - none, but lawyer committed ethical violation
remedy - lawyer subject to discipline
TRUSTS - Trustee's duty of care
Duty - to beneficiaries
Standard of care - reasonable person managing his or her own property
breach - reasonable person would not commingle funds
causation - b/f the commingling, trust fund would not have lose $2000, no superseding cause
damages - trust principal lost money
remedy - trustee personally liable, b/f's can void trasnaction?
Obviously, there are some tweaks that are needed, but the overall analysis is the same. The point is that if you are fully capable of handling a negligence analysis, then you are 80% done with other issues that require a similar analysis.
Now notice that there are several other topics which require a similar anaysis:
CORPORATIONS: Director's duty of care
Duty - to corporation
Standard of Care - reasonable director
Breach - reasonable director would not...secretly profit through an interested sale
causation - b/f the secret profit, the corporation has lost money, no superseding cause
damages - corporation lost money
remedy - director personally liable, must disgorge profit to corporation
PROFESSIONAL RESPONSIBILITY: Lawyer's duty of care
Duty - to client
Standard of Care - reasonable lawyer in good standing
breach - reasonable lawyer would not put himself in a conflict of interest situation by having sex with a client (assuming went beyond permissible rules re: sex in CA)
causation - b/f the conflict of interest, no ethical violation
damage - none, but lawyer committed ethical violation
remedy - lawyer subject to discipline
TRUSTS - Trustee's duty of care
Duty - to beneficiaries
Standard of care - reasonable person managing his or her own property
breach - reasonable person would not commingle funds
causation - b/f the commingling, trust fund would not have lose $2000, no superseding cause
damages - trust principal lost money
remedy - trustee personally liable, b/f's can void trasnaction?
Obviously, there are some tweaks that are needed, but the overall analysis is the same. The point is that if you are fully capable of handling a negligence analysis, then you are 80% done with other issues that require a similar analysis.
