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Which of the following could constitute a “special relationship” for the purposes of
A Parent and (adult) child
B Environmental health inspector and hotelier
C Banker and client
D Husband and wife
Good day sir,I don’t understand why the answer is B. Please can you explain
I was expecting a question from you concerning notice periods for special notice resolutions! But I assume that that query is now answered?
Re special relationships in the context of negligent misstatements, I can give you this:
A special relationship exists where a professional person advises a known person who relies on the statement for a known purpose. For an action in negligent misstatement to succeed there must be a special relationship
That statement gets rid of options A and D
But what about C? Having just finished reading an extensive (excellent) blog by Herbert Smith Freehills (https://hsfnotes.com/bankinglitigation/tag/negligent-mis-statement/), it appears to me that a special relationship exists between a banker and the customer (and therefore liability for negligent misstatement) only in the context of giving advice whereas, in the ‘normal’ situation of a banker / customer – that of a debtor / creditor – there is no such special relationship
This is a volatile area of English Law and is currently being assessed as to whether the extent of liability should be increased or, at least, reviewed and made more certain
I have to admit that I would not have liked to be faced with this question myself in an exam so I’m not sure that this has helped you sufficiently
The query as been answered sir.
Your explanation has helped but I’m still confused on how an environmental health inspector would owe an hotelier a duty of care.
Because an environmental health officer is monitoring the performance of hotels to ensure that the services provided by the hotels are in line with health and safety, at least minimum, standards
Thank you sir