A pharmaceutical company representative who acts for both vendor and purchaser in the sale of a pharmacy business may owe fiduciary duties to both parties, and the pharmaceutical company may be vicariously liable for breach of those duties. Equitable contribution between defendants liable under the Trade Practices Act, Fair Trading Act, and for breach of fiduciary duty is available on an equal basis where the Law Reform (Contributory Negligence and Joint Tortfeasors Contribution) Act 1947 (WA) does not apply. Profit projections supplied to a prospective purchaser without reasonable grounds constitute misleading or deceptive conduct even where the person supplying them did not prepare them, if they adopted and endorsed the projections.
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