Loss of commercial opportunity

CONTRACT – breach – solicitor’s retainer – failure to pursue proceedings against third party – loss of commercial opportunity of recovery – proceedings later successful – no recovery due to third party’s bankruptcy – whether solicitor’s breach caused loss of...

Damage: the gist of the action

Alcan Gove Pty Ltd v Zabic [2015] HCA 33 8 Damage is the gist of the actionThe law is clear that actual damage or injury is an essential element of a cause of action in negligence for personal injury[7].  (It is not disputed that the respondent established the other...
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