24 Aug 2007
THORNTON ESTATES LIMITED V CAVELL LEITCH PRINGLE & BOYLE HC CHCH CIV 2005-409-001452
- Citation
- openlaw-3a4e4613_303d_43e5_8d8b_74b10199e0b2.pdf
- Court
- High Court
Where a solicitor was engaged to draft and advise on a complex asset sale that raised the issue of passing of risk, the solicitor owed a duty to expressly provide for the passing of risk and to advise the client about it; failure to include a standard express risk clause and failure to advise on consequences was a breach; that breach foreseeably led to litigation and a reasonable decision to settle, such that the breach caused the settlement loss; separately the firm breached fiduciary duties by encouraging settlement without warning that settlement would permit the firm to assert its draftin…