Kelly v Cooper [1993]

Defendant estate agents failed to inform plaintiffs,
when prospective purchaser made offer for their house, that purchaser had
recently bought the adjacent house (for whose owners they were also agents).
Plaintiff brought action alleging defendants failed to
disclose relevant information, and put themselves in position where duty and
interest conflicted.
Privy Council held term was to be implied in contract that
agent was entitled to act for other principals selling similar properties and
to keep information obtained from each principal confidential.
Hence, although purchaser’s interest in acquiring both
properties was material information which could have affected negotiations for
sale price of plaintiff’s house, defendants were not in breach of fiduciary duty.