Where a solicitor negligently omits a contractual clause and gives erroneous advice about why it was omitted, but the client is aware of the omission, understands the significance of the missing clause, has the ability to insist on its inclusion, and chooses to proceed without it for independent commercial reasons, the client's informed decision breaks the chain of causation. The exception for cases where the defendant's duty was to guard against the very intervening act does not apply where the solicitor's retainer was to prepare a contract in accordance with instructions, not to prevent the client from deciding to proceed without a particular clause.
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