What is the test for finding individual defendants liable for breach of a sales contract?
British Columbia, Canada
The following excerpt is from Canadian Metropolitan Properties Corp. v. Duffield, 1997 CanLII 4192 (BC SC):
The plaintiff relies on Kelner v. Baxter (1866) L.R. 2 CP174. In that case, the individual defendants signed a sales contract on behalf of a company which had yet to be incorporated. The court held that the individual defendants were personally liable under the contract.
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