Is a contract for the sale of goods upon commission enforceable?

Manitoba, Canada


The following excerpt is from Creditel of Canada Ltd. v. Gravure Graphics Ltd., 1987 CanLII 7157 (MB QB):

In Carter v. Bell & Sons, [1936] 2 D.L.R. 438, at pp. 439-440; [1936] O.R. 290, at p. 297, Middleton, J.A., after dealing with master and servant con tracts goes on to say: "On the other hand there are cases of an agreement for the sale of goods upon commission, where the so-called mercantile agent does not devote himself solely to the work of the agency, but relies upon his commis sion for his remuneration, and where the employer exercises no immediate control over the agent but leaves him to be his own master. In such cases it has always been held that the relationship of master and servant does not exist and the contract may be terminated by either party at will."

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