Mouat v Clark Boyce - [1992] 2 NZLR 559

Tort — Negligence — Solicitor — Conflict of interest — Negligent failure to advise adequately — Time at which duty of care arose — Source of liability for damages — Observations as to concurrent liability in tort, contract or otherwise.

Tort — Contributory negligence — Solicitor — Conflict of interest — Negligent failure to advise adequately — Client partly at fault — Whether damages should be apportioned on account of client's responsibility for loss — Whether solicitor's liability arose in tort, contract or otherwise — Contributory Negligence Act 1947, ss 2 and 3.

Equity — Fiduciary relationship — Solicitor/client — Solicitor's breach of duty — Negligent failure to advise adequately — Client partly at fault — Whether damages should in equity be apportioned on account of client's responsibility for loss.

Damages — Assessment — Damages for mental stress — Whether such damages recoverable — Whether foreseeability required — Whether mental stress alone sufficient to found claim for damages — Whether physical injury or financial loss also necessary — Observations as to concurrent liability in tort, contract or otherwise.

Damages — Assessment — Contributory negligence — Solicitor negligent — Client partly at fault — Whether damages awarded for solicitor's liability in tort, for breach of contract, or for breach of fiduciary duty subject to apportionment in accordance with client's responsibility — Contributory Negligence Act 1947, ss 2 and 3.