A Treatise Upon the Law of Principal And Agent in Contract And Tort
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Judge, 3 Drew. 306.
[i] Ormond v. Hutchinson, 13 Ves. 47, per Lord Erskine.
' See ante, 342, note 1.
CHAP. III.] DUTIES, ETC. OP AGENT IN FUDICIAET POSITION. 359 (c.) In respect of rendering Services.
Duty of legal adviser in preparing deed or mil.'] — The principle of the cases to which we are now about to refer is obviously a de- duction from the general principle which regulates the dealings of persons in fiduciary positions with their beneficiaries. The prin-i ciple is, that wherever a prof...essional man is called in to give his services to a client, whether to prepare a deed or will, the law im- putes to him a knowledge of all the legal Consequences likely tore- suit, and requires that he should distinctly and clearly point out to his clients all those consequences from whence a benefit may arise to himself from the instrument so prepared; and if he fails to do so, he will not be allowed to retain the benefit.' Instruments obtained from clients.'^ — In Watt v. Grove {k), de- cided in 1805, Lord Bedesdale, C, said that when a deed is -^ prepared by the person who seeks the benefit of it with- [-^ 347] out the intervention of any other person, that circumstance alone raises a suspicion of fraud; hence "instruments obtained by attor- neys from their own clients are always viewed with extraordinary .jealousy" {I).
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To quickly assess the difficulty of the text, read a short excerpt:
Judge, 3 Drew. 306.
[i] Ormond v. Hutchinson, 13 Ves. 47, per Lord Erskine.
' See ante, 342, note 1.
CHAP. III.] DUTIES, ETC. OP AGENT IN FUDICIAET POSITION. 359 (c.) In respect of rendering Services.
Duty of legal adviser in preparing deed or mil.'] — The principle of the cases to which we are now about to refer is obviously a de- duction from the general principle which regulates the dealings of persons in fiduciary positions with their beneficiaries. The prin-i ciple is, that wherever a prof...essional man is called in to give his services to a client, whether to prepare a deed or will, the law im- putes to him a knowledge of all the legal Consequences likely tore- suit, and requires that he should distinctly and clearly point out to his clients all those consequences from whence a benefit may arise to himself from the instrument so prepared; and if he fails to do so, he will not be allowed to retain the benefit.' Instruments obtained from clients.'^ — In Watt v. Grove {k), de- cided in 1805, Lord Bedesdale, C, said that when a deed is -^ prepared by the person who seeks the benefit of it with- [-^ 347] out the intervention of any other person, that circumstance alone raises a suspicion of fraud; hence "instruments obtained by attor- neys from their own clients are always viewed with extraordinary .jealousy" {I).
What to read after A Treatise Upon the Law of Principal And Agent in Contract And Tort?
You can find similar books in the "Read Also" column, or choose other free books by Evans, William, 1787-1867 to read onlineMoreLess
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