What is the test for enforceability of a lease agreement where AT&T ordered a machine from Danka to Danka in order to replace a printer with AT&t?

British Columbia, Canada


The following excerpt is from CitiCapital Commercial Leasing Corporation v. Lillie Lake Ranch Ltd. et al., 2004 BCSC 293 (CanLII):

The appeal of this case was dismissed but on other grounds: Newcourt Financial Limited v. Globe Printers Ltd., 2003 BCCA 91. Mr. Justice Thackray held that the contract was unenforceable because there was an express term of the lease agreement that Danka execute the contract before assigning it to AT&T. It failed to do so. In addition, the lease was not amended to include the serial number of the replacement machine.

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