What is the test for a contract where the contract was absolute on its face?
Ontario, Canada
The following excerpt is from McKenna v. F.B. McNamee & Co., 1887 CanLII 20 (ON CA):
It seems to me that Cunningham v. Dunn is decided on a principle which should apply to this case. The contract was absolute on its face. Both parties knew of the Spanish law which, unless relaxed in their favor, would prevent its performance. They contracted, trusting to its being relaxed, just as here they contract absolutely knowing that the contract was forfeited, but hoping and trusting to the forfeiture not being insisted on.
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