27 Jan 2017
CLEARY v EWART & EWART [2017] NZHC 39
- Citation
- [2017] NZHC 39
- Court
- High Court
The defendant did not breach his duty of care or fiduciary duties: he acted within the scope of instructions, his strategy in disclosing the Option Deed's effect and suggesting the vendor exercise the option was one a reasonably competent solicitor could adopt in the circumstances, and in any event any alleged breach did not cause the loss because the vendor's solicitor would have read the Option Deed and advised the vendor to decline, making the chance of the vendor executing the agreement negligible.