If an agent has bought goods on behalf of his principal, either with his own money1, or under such circumstances as to incur a personal liability towards the seller for the price2, he stands towards his principal in the position of an unpaid seller
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Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
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