A combination of limited English, age, limited education, and lack of business experience does not necessarily establish a special disadvantage for unconscionability purposes where the mortgagors were aware of the risk and elected to take it. A solicitor who advises third party mortgagors to seek independent legal advice, explains the transaction and its consequences, and warns of the risks, is not negligent merely because the mortgagors declined independent advice and the transaction proved disastrous. The [name withheld] principle requires a causal connection between the fiduciary's breach and the loss; non-disclosure must be material to the decision to enter the transaction, not merely to the issue of informed consent to the solicitor acting.
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