What does the term "special relationship" refer to in the context of negligence?

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The term "special relationship" in the context of negligence refers to a situation where one party has a duty of care towards another due to professional trust or expertise. This is often seen in scenarios involving professionals who are expected to provide a level of skill or knowledge that results in a higher duty of care. For example, doctors owe a special duty to their patients, as patients rely on the doctors’ expertise and trust that they will act in the patients’ best interests. This establishes a standard where if the professional fails to exercise adequate care, they may be found negligent.

The concept transcends everyday relationships where a general duty of care exists, illustrating that certain professional contexts impose a stricter requirement to protect those who are dependent on that expertise. Thus, the special relationship is rooted deeply in the notion of trust and the expectation that a higher standard of behavior will be maintained.

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