The penumbral duty of care — is a principled approach possible (2013) 21 TLJ 106
In this article, Laina Chan explores the evolution and development of the law in relation to the penumbral duty of care of solicitors and notes the increased willingness of the New South Wales Court of Appeal in recent times to find the existence of a penumbral duty of care in certain circumstances. The author notes the lack of a cohesive jurisprudential basis for the finding of the existence of such a duty and suggests that the salient features test expounded in Caltex Refineries (Qld) Pty Ltd v Stavar (2009) 75 NSWLR
649 propounded by Allsop P might provide such a basis.
The article can be downloaded here