A solicitor who is also a director of a client company and who exercises professional legal skills in reviewing a draft contract prior to exchange may be found to have been retained as solicitor by implied retainer, even absent any express retainer. Equitable contribution may be ordered between a party liable under s 82 of the Trade Practices Act and a party liable in negligence/breach of retainer where both liabilities relate to the same loss. In assessing damages under s 82, post-acquisition events may be considered to illuminate value at the date of acquisition, but allowance must be made for differences in management conditions that constitute supervening causes.
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