... scope of employment. In this case Jonathan prepared a valuation report as instructed, for the council and this would therefore be regarded as being within the scope of employment. Referring to the case Lister v Romford Ice and Cold Storage Co (1957) AC 555 then if Stephen & Lesley's case were to be successful in claiming from the council for loss sustained, the council could then bring an action against Jonathan to recover the sum paid to Stephen and Lesley. The original position of Scots Law was that there could only be liability for negligent misstatement, which caused financial loss, if the parties were in a contractual relationship. Stephen and Lesley were clearly in contract (mortgage) with the council as they signed a written contract with an additional valuation fee. The basis of a duty to take care in the circumstances in this case would be based under 'reliance' as ...

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