Contributory negligence under the Wrongs Act 1936 (SA), s 27a(1) and (3), is available as a defence in an action for breach of contract where the breach of duty is co-extensive in contract and tort and both causes of action are pleaded. A solicitor's duty of care extends to giving advice which the client appears to need regardless of whether specifically requested, having regard to the retainer, the relationship between the parties, and the client's experience and expertise. A plaintiff cannot recover damages for costs of speculative litigation pursued in unreasonable resistance to claims it could not defend.
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