Question
Ms Judy Danker is a solicitor and sole practitioner, who takes on a broad range of legal work. Mr Terry Boswell is a long-time client,
Ms Judy Danker is a solicitor and sole practitioner, who takes on a broad range of legal work. Mr Terry Boswell is a long-time client, who has a lucrative garden landscaping business. Mr Boswell has asked Ms Danker to act for him in the sale of his business. He explains to her he has decided to sell because of an injury sustained while pushing his wheelbarrow on a building site. He can't find a good employee to take over his work, so he feels now is the right time to sell. In their subsequent communications about the sale, Mr Boswell never mentions the injury, which was the result of one of the building company's employees spilling some oil on a steep driveway (and failing to clear it up), resulting in Mr Boswell falling badly and sustaining a painful slipped disc in his lower back. Ms Danker comments about Mr Boswell's 'bad luck' and proceeds to deal with the sale of the business.
Does Ms Danker have a duty to advise Mr Boswell to take action against the building company for his injury before the time limit for taking such action expires? Why/Why not?
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