18 Nov 2011
MACLEAN V ANNAN & CO HC TAU CIV-2009-470-868
- Citation
- openlaw-648a32e1_f8ef_4da9_aca8_513d04bc1f31.pdf
- Court
- High Court
A retainer arose on 1 May; Annan owed and breached the duty to explain clearly and advise on the substantial and unusual risks in the transaction at the 4 June meeting and thereafter acted negligently in paying deposit and fees while queries remained unanswered. Although it was impracticable to advise cancellation under s225 in time, on loss-of-chance analysis it was probable Strowan/Blue Chip would not have enforced the contract against a notified attempt to cancel; causation established and plaintiffs entitled to recover special and general damages and costs.