In what circumstances will a plaintiff seek damages for breach of contract?
British Columbia, Canada
The following excerpt is from Barrie v. Norgaard Neale Camden Ltd., 2014 BCSC 722 (CanLII):
In this case, the plaintiff is advancing a personal claim arising from a breach of contract it was not a party to, except in its role as a member of the contracting partnership. It clearly acknowledges that fact in its pleadings and submissions. By way of example, in its submissions, the plaintiff states: In the present case, the plaintiff seeks damages for economic loss sustained from the defendants’ breach of contract. The breaches caused loss to the plaintiff, not the partnership. The wrong committed by the defendants’ breach is purely a personal action, which does not offend the rule in Foss v. Harbottle.
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