A solicitor retained to advise on a loan and mortgage transaction must consider the purpose of the loan and, where it is evident the borrower expects an unrealistic return from a proposed investment of the proceeds to service the loan, must give forceful advice bringing home the improvidence of the transaction; merely advising the client to seek independent advice elsewhere while continuing to facilitate the loan is insufficient. A lender who assesses serviceability on the information available and is not indifferent to the borrower's capacity to repay will not be found to have made an unjust contract under the Contracts Review Act merely because false information was supplied by the borrower's own agent.
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