In what circumstances will a contract be found fatally defective?
British Columbia, Canada
The following excerpt is from Davis & Company v. Jiwan et al, 2006 BCSC 658 (CanLII):
In Abel v. Burke, Hall J.A. stated in his concurring reasons at p. 305: Here the trial judge found no consensus ad idem. Thus there was a defect going to the root of the agreement in a type of contract where a solicitor must ensure that there is not a misapprehension by the client of essential terms. […] the proper result in law is that this agreement between the solicitor and client must be found fatally defective on account of failure of the parties to agree on an important term. The broad principles that are specifically applicable to this rather unique class of contract considerably modifies the objective theory of contract in a case like the instant case […]
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a contract is enforceable in circumstances where the contract states that a particular law will govern the contract? (British Columbia, Canada)
What is the legal test for terminating a contract where a contractor has been found to be poor quality or defective? (British Columbia, Canada)
When a contract is signed and signed, can a party who signed it before and at the time of the contract be found to have misrepresented the agreement? (British Columbia, Canada)
Does a judge have authority to voide a contract where a contractor has been found in breach of the contract? (British Columbia, Canada)
Is an employment contract valid when the substratum of the employment contract has been eroded so that the contract does not need to be substantially eroded? (British Columbia, Canada)
In what circumstances will the doctrine of non est factum be applied in real estate contracts where the contract is not binding? (British Columbia, Canada)
What is the range of damages for damages for breach of a contract where the contract price of a parcel of land was significantly lower than the value of the land at the time the contract was signed? (British Columbia, Canada)
What is the test for repaying a contract where a party has been found to have committed a breach of the contract? (British Columbia, Canada)
What is the test for determining whether performance in the present circumstances would render the contract radically different from that which was agreed in the circumstances of August 25? (British Columbia, Canada)
In what circumstances will a court order rescission of a contract where the contract for sale of land has been executed? (British Columbia, Canada)
