What is the test for determining who is a party to a contract?

British Columbia, Canada


The following excerpt is from Select Drywall et al v. Sandhu et al., 2012 BCPC 320 (CanLII):

Before a contract can be enforced, the identity of the contracting parties must be determined. To acquire rights and be subject to liabilities under a contract, one must be a party to it. (See, for example, paragraphs 31 and 32 of the case of Dulay v. Gill (2011) BCJ 1245).

Other Questions


What is the legal test to enforce a contract where a party is not a party to the contract? (British Columbia, Canada)
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)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
Can a vendor who is late in signing a contract with a third party who has been late in entering into the contract, take advantage of the other party's performance? (British Columbia, Canada)
What is the scope of the tort of inducing or procuring the breach of contract between a party and the party? (British Columbia, Canada)
What are the exceptions to a contract where the contract is signed by one party to the other's mistake as to the terms? (British Columbia, Canada)
What is the test for determining that a common law marriage contract between two equal strength spouses does not need to be subject to the same rules as a commercial contract? (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)
In making a preliminary determination on a judicial review application, is it appropriate for the parties to conduct a detailed legal analysis of the parties' positions? (British Columbia, Canada)
What is the test for determining whether a party intended to enter into a contract? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.