Conflict of Interest Flashcards

1
Q

What is informed consent

A

Permission from your client to proceed with the instruction despite there being a conflict of interest

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2
Q

Name the 3 types of conflict

A

Personal Conflict:
You personally may hold the same interest as that of the client.

Party conflict:
Working for two parties on the same or related professional assignment

Confidential Information Conflict:
Situation where the confidential information of a client may or could be used in work undertaken for another client

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3
Q

What methods may be used to prevent a conflict of interest within a company

A

Information barriers

Informed consent

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4
Q

Does a success based fee lead to a conflict of interest

A

Yes this can be interpreted as a conflict of interest as it can influence the actions of a surveyor

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5
Q

Does informed consent mean that you can proceed with an instruction

A

No, a valuer must decide:

  • Is proceeding legal
  • Will the conflict impact their decision making
  • Is the client fully aware of the conflict and its implications
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6
Q

Why can you act in a dual role at lower Tribunals

A

To ensure access to justice at a low cost for clients

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