Question
Do know that If someone suffers a financial loss asa result of his reliance on the advice given by another,he may be able to sue
Do know that
If someone suffers a financial loss asa result of his reliance on the advice given by another,he may be able to sue the person giving out the advice subject to certain conditions.
as with other aspects of the law on negligence, what is important is for us to show that a duty of care was owed. Under this situation, a DOC is owed if we can show that there exists a special relationship between parties.
Read: Hedley Byrne and Caparo
How do you establish a special relationship?
1. Voluntary Assumption of Risks
2. Statement prepared for the Plaintiff (identifiable)
3. Knows that his statement will be communicated
4. Statement made about particular transactions
5. There is reliance
6. Reliance is reasonable
7. Defendant knows or ought to know that his statement will be relied upon
Once all of the above are fulfilled, most likely special relationship exists and D can be sued for negligent misstatement
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