The Law of Negligence : Being the First of a Series of Practical Law Tracts

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& G. 43 ; Fray v. Voules, 1 El. & El. 839] ; nor imless the advice have been properly pursued [Andrews v. Hawley, 26 L. J. Ex.
(N.S.), 323 j.
§ 49. An attorney is not guilty of actionable negligence if he enters into a compromise without the consent of the client provided he acts londfide and with reasonable care and skill, and the compromise is for the benefit of the client and not made in defiance of his express prohibition [Chown V. Parroti, 14 C. B. (N.S.), 74 ; Prestwich v. PoUy, 18 0. B.
...(N.S.), 806]. But he is liable if he does so against the client's express prohibition, even under the advice of counsel [Fray v. Voules, 1 El. & El. 839].
§ 50. The attorney or solicitor is equally responsible whether the breach of duty has arisen through his own default or through the default of his agent [Collins v.
46 CULPA (simply).
Griffin, Barnes, 37 ; Simmons v. Bose, 31 Beav. 11 ; cf.
Corporation of Ruthin v. Adams, 7 Sim. 345] ; of his partner [Norton \. Cooper, 3 Sm. & Giff, 375, 384J ; or of bis clerk [Floyd v.


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