What is the test for establishing a contract at common law?
British Columbia, Canada
The following excerpt is from Witzke (Guardian of) v. Gliesh, 1995 CanLII 625 (BC SC):
59 If it would appear to the reasonable person that the parties were in agreement as to a contract and its terms, then a contract would exist at common law. As stated in Smith v. Hughes (1871), L.R. 6 Q.B. 597 at 607: If, whatever a man's real intention may be, he so conducts himself that a reasonable man would believe that he was assenting to the terms proposed by the other party, and that the other party upon that belief enters into a contract with him, the man thus conducting himself would be equally bound as if he had intended to agree to the other party's terms.
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