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committing such other and further acts of gross negligence

Discussion in 'Legal Terminology' started by apoziopeza, Feb 14, 2013.

  1. apoziopeza Senior Member

    slovak
    Hi,

    I am translating a petition about professional malpractice of the defendant,

    I am not sure I understand it correctly, is my understanding below correct?

    Thanks,

    A.

    ORIGINAL TEXTThe defendant breached its fiduciary duties to the plaintiff by failing to represent him with undivided loyalty, failing to act with absolute perfect candor, openness, honesty, and failed to properly manage the plaintiff’s litigation, acting in direct contravention of the plaintiff’s interests, and committing such other and further ats of gross negligence constitutes a breach of the defendant’s fiduciary duy to the plaintiff.
    MY UNDERSTANDINGThe defendant breached its fiduciary duties to the plaintiff by failing to represent him with undivided loyalty because the defendant [1] failed to act with absolute perfect candor, openness, honesty, and failed to properly manage the plaintiff’s litigation, [2] acted in direct contravention of the plaintiff’s interests, and [3] maybe committed also such other and further ats of gross negligence which are not explicitly mentioned here, and these three examples of not acting with loaylty constitute a breach of the defendant’s fiduciary duy to the plaintiff
     
  2. littledogboy

    littledogboy Senior Member

    Agree with you on 1 and 2, differ on 3.
    My reading: Defendant has done things 1 and 2, and doing such things falls within the breach of advocate's duty.

    I think for your reading to be correct, instead of constitutes there would have to be thus constituting or which constitutes, and needs a comma before it.
     
    Last edited: Feb 14, 2013

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