Commentary

68.2 Bailees and agents not necessarily fiduciaries

BAILMENT vol 3(1)
| Commentary

68.2 Bailees and agents not necessarily fiduciaries

| Commentary

68.2 Bailees and agents not necessarily fiduciaries

Firstly, many post-Romalpa1 cases have held that the mere fact that the buyer was the seller’s bailee or agent does not by itself justify imposing a fiduciary duty to account2. Not every bailee or agent occupies a fiduciary role towards his bailor or principal, and the normal relationship of buyer and seller is incompatible with any such fiduciary obligation.

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