What is the test for establishing a binding contract in writing?
British Columbia, Canada
The following excerpt is from Graham v Sable Developments Inc., 2019 BCSC 1157 (CanLII):
A binding contract may be evidenced in writing, orally, by conduct or by a combination thereof. When reduced to writing, subject to certain exceptions, extrinsic evidence is not admissible to add to, subtract from, vary or contradict its terms. While in principle a related but independent oral collateral agreement may also be concluded, such agreements are rare and an intention to create binding legal relations must be proved strictly. In addition, and importantly, to be enforceable an alleged collateral contract cannot stand if it clearly contradicts the terms of the written agreement: Hawrish v. Bank of Montreal, 1969 CanLII 2 (SCC), [1969] S.C.R. 515.
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