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Right to Sue Legal Heir Surviving upon death of deceased Right to Sue Legal Heir Surviving upon death of deceased

6 months ago

Whether Professional misconduct, fraud, negligence by an employee treated as tort or are considered as breach of contract

Kishan Dutt Kalaskar

Responded 6 months ago

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A.Dear Sir,
It depends upon several factors. Simply because of professional negligence the legal heirs of deceased person cannot be sued.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 6 months ago

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A.Dear Client,
If the actions of the employee result in harm or injury to another party, they may be considered tortious behavior. Professional misconduct, fraud, and negligence can be seen as civil wrongs, and the affected party may have the right to claim damages for the harm suffered. For example, if a professional, such as a doctor or an accountant, breaches their duty of care and causes harm to a client or patient, this can be considered a tort.
When the actions of an employee violate the terms of an existing contract, they may be treated as breaches of contract. For instance, if an employee fails to fulfill their contractual obligations or acts in a way that is contrary to the terms agreed upon in a contract, this would constitute a breach of contract. Professional misconduct, fraud, or negligence that directly violate the terms of a contractual agreement would fall under this category.
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