well  i i think its, the way that the plaintiff puts the case on that point my lord is that even if the defendant mr  took the view er that it would not have been proper for such a notice to be served, in view of what the plaintiff was saying to him about his wish to get out of the contract, the fact that it was available to him should have been brought to his attention and then as mr  was saying that i  sorry i don't feel i can do this on your behalf because it's not proper in the circumstances or whatever  erm, should then have gone on to advise the plaintiff either to do it himself or to go and seek independent advice.