High Court Wellington
6, 7, 8, 9, 10, 13, 14, 15, 16, 17 August; 10 September 1984
Eichelbaum J
6, 7, 8, 9, 10, 13, 14, 15, 16, 17 August; 10 September 1984
Eichelbaum J
Contract — Solicitor and client — Exercise by solicitor of power of attorney — Duty of care — Conflict of interest — Client wished to sell one block of land and purchase another — To finance purchase solicitor arranged a six month loan of $110,000 from finance company and gave personal undertaking to refinance client's loan — Solicitor took a power of attorney over client's land — Soon after, farmer sought an option to purchase — Client considered farmer's purchase price too low — Disregarding client's wishes, solicitor granted farmer an option to purchase — Whether solicitor in breach of duty — Whether solicitor liable to client for damages for alleged losses arising from granting the option.
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