What is the test for an agreement that was signed by the wife and husband of a former business partner?
British Columbia, Canada
The following excerpt is from Newman v. Newman, 2001 BCSC 1164 (CanLII):
First of all, while the ordinary principles of contract law are relevant to the issue of whether an agreement such as the one of October 30, 1990, will be upheld, the court must be mindful that marriage and marriage-like relationships are different from commercial relationships. As McEachern C.J.B.C. said in Stark v. Stark, supra, at page 434: Unfairness in family matters must be determined not in accordance with common law principles largely developed in commercial cases but objectively, in a family law perspective.
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