In what circumstances will a tortfeasor be able to claim damages for breach of contract?
British Columbia, Canada
The following excerpt is from Lance v. Western Outboard Ltd., 1980 CanLII 529 (BC SC):
In Bogardus v. Wellington (1900), 27 O.A.R. 530 at 534, Lister J.A. stated: "It is clear upon the authorities that the plaintiff's cause of action accrued when the defendant, in 1890, broke his contract by delivering to the plaintiff varieties of trees different from those which he had contracted to deliver, and upon the facts here it is equally clear that the statute then began to run, although, as I think, the plaintiff was and continued to be ignorant of the breach until 1894."
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