Treloar v Henderson and Others - [1968] NZLR 1085

Damages — Measure of damages — Mitigation — Negligence of solicitor resulting in client being bound by contract — Whether client bound to mitigate damages by entering on litigation to avoid the contract — Question of reasonableness in the circumstances of the particular case.

Negligence — Arising out of special relation — Solicitor and client — Solicitor acting for two parties — Failure to obtain proper instructions from one party — Solicitor liable to that party for negligence in failing to ascertain the client's instructions.