Week 10 - Special Relationship Flashcards
1
Q
What must there be for an action in negligent misstatement to succeed?
A
There must be a special relationship between the claimant and the defendant
2
Q
What is the first thing that must be shown to constitute a special relationship?
A
The claimant relied upon the defendant’s skill and judgement
3
Q
What is the second thing that must be shown to constitute a special relationship?
A
The defendant knew, or reasonably should have known, that the claimant was relying on them
4
Q
What is the third thing that must be shown to constitute a special relationship?
A
It was reasonable in the circumstances for the claimant to rely on the defendant