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Is there a difference, Dominic, between saying that a mistake has been made and admitting liability? Isthere such a thing as a non-negligent mistake? Or are we not contractually required to practise mistake free, in other words? I would have thought so.

"Your mother and father signed the wrong wills, I'm afraid son"

"Oh, so you were negligent then and are liable to me for damages for negligence, or breach of contract, or negligent breach of contract, or all three!"

"Oh, no we're not, son, we made a mistake, but we were not negligent. And anyway under the intestacy laws you get everything, so stop complaining!"

"Oh, that's fine then, can I have my cheque now please? Thank you. Now I'm just off to tell my hated cousin that because of your non-negligent mistake he's stuffed and won't get a penny. I think you might soon be hearing from his (new) solicitors. I believe they're red hot on professional negligence and can turn a simple mistake into negligence at the flick of a writ. Who are your insurers by the way? Not that Quinn lot, I hope. Still by now you probably own your own house free of mortgage so will be good for any judgment, won't you?"

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