A financial adviser who recommends that a client invest more than approximately 5 per cent of total wealth in a single agribusiness product, or more than 15 per cent in agribusiness generally, may be found negligent, particularly where the adviser has a conflict of interest through commissions. A filed offer of settlement under the SA District Court Rules that is expressed as a sum 'plus interest' is a nullity because it is not capable of acceptance in a form that permits entry of judgment in certain terms. Where the proposal to invest originates with the adviser, the adviser may be liable for the entire loss, not merely the portion exceeding what the client independently intended to invest.
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