What is the current state of the law on liability for breach of contract where a third party has been found to have breached the contract?
Ontario, Canada
The following excerpt is from Apotex Inc. v. Plantex USA, Inc., 2005 CanLII 15481 (ON SC):
However the court stated in Said v. Butt (at 505) that this protection from liability does not apply where “the person who procured the breach of contract was in fact a stranger, that is a third person, who stood wholly outside the area of the bargain made between the two contracting parties. … [H]e is in the position of a stranger, he will be prima facie liable, even though he may act honestly, or without malice, or in the best interests of himself.”
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