What is the test for a family agreement?
British Columbia, Canada
The following excerpt is from Young v Sherk, 2019 BCSC 312 (CanLII):
In considering any application related to a family agreement, the court must be satisfied, having regard to the basic principles of contract formation, that the agreement is a valid and enforceable contract. The test is whether an objective reasonable bystander would find that the parties intended to contract and that there was consensus on all of the essential terms of the agreement: Berthin v. Berthin, 2016 BCCA 104 at paras. 46-47.
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