1.Crawford and McDougall were sisters of relatively advanced years. For some years they

had entrusted their financial affairs to Watson, a lawyer, who was a partner in the firm of

Heather & Co. Due to some disastrous investments that they made on Watson's advice, they

lost almost $250 000.

The loss was discovered when they learned that Watson had been disbarred for misconduct.

It was evident that their loss had been caused either by fraud or by negligence on

the part of Watson, though it was less clear which.

The sisters brought an action against Heather & Co, claiming damages for their loss.

Should they succeed? What particular circumstances might be relevant?