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1)Hello can you please explain me special relationship?
2) Secondly special relationship only occurs between a professional person and client? OR can it also occur between professional person and non-client?Are we talking here about the law of tort and “Who are my legal neighbours?”
If that’s where we are, then Lord Atkins’ speech in the case Donohue v Stevenson says it all (I believe)
“A person’s legal neighbours are those people that are so directly affected by my acts that I ought reasonably to have them in contemplation as being so affected when I am committing those acts”
The other obvious area that you may be alluding to is the area of duress where one party is in the position to dominate (mentally or economically) the actions of another. Generally the onus of proof is placed on the claimant to establish duress unless a special relationship in alleged and, in that situation, it’s then necessary for the alleged dominant party to prove that they acted “scrupulously fairly”
Clearly a professional person could well dominate mentally their clients. But, equally, it could be established that a non-client is also dominated … even outside the professional relationship
OK?
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