The principle that the vendor's agent must scrupulously avoid a potential conflict was discussed in Kramer v. Cooper, 1974 CanLII 1804 (BC SC), [1975] 2 W.W.R. 1 (B.C.S.C). At p. 2, Meredith J. stated that the selling agent and salesman were "duty-bound to obtain as high a price as possible" for the vendor. At p. 4, he said: Obviously an employee not directly involved in the sale is not responsible to advance the interests of the client, but I think he is responsible not to derogate from the client's interest or to put his interest in conflict with that of the client. I adopt this reasoning. Crackle was not buying directly from the vendor, but he still was putting his interest in conflict with that of the vendor, his client.
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