In solicitors' negligence cases where the client enters into a transaction on negligent advice, measurable damage accrues at the time of the transaction if the client obtains a package of rights less valuable than entitled to expect, even if the full extent of loss only crystallises later. A solicitor's failure to revisit and correct negligent advice is not a continuing breach but a failure to remedy the original breach; to establish a continuing duty, the duty must still be an aspect of the retainer at the supposed time of breach. However, Basten JA's separate reasons leave open whether, in cases where the client fails to obtain a benefit that remains available, loss may not accrue until the benefit is no longer practically available.
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