What is the test for a finding that a party to a business agreement is bound by the terms of the agreement?

Saskatchewan, Canada


The following excerpt is from Masters v. Masters, 1991 CanLII 8022 (SK CA):

The trial judge concluded that on the basis of Pelech v. Pelech, 1987 CanLII 57 (SCC), [1987] 1 S.C.R. 801; [1987] 4 W.W.R. 481; 76 N.R. 81; 7 R.F.L.(3d) 225; 14 B.C.L.R. 145; 38 D.L.R.(4th) 641, the parties should be kept to their agreement. He further indicated he was not inclined to exercise his discretion to eliminate the appellant's obligation in any event, as such an order was in effect penalizing her as a result of her business success. The appeal is from that judgment.

Other Questions


Does a third party who has not yet approved an agreement between a plaintiff and defendant in a patent case have to be bound by the terms of the agreement? (British Columbia, Canada)
Can a party claim arrears of maintenance under the terms of a divorce agreement where there has been no application for child support since the divorce agreement was signed? (British Columbia, Canada)
If an agreement on all essential terms has been established, does the court need to imply some terms to give business efficacy to the bargain? (British Columbia, Canada)
In what circumstances will a party be bound by the terms of their contract? (British Columbia, Canada)
Can a party intentionally leave a gap in the terms of an agreement to provide for future accommodations? (British Columbia, Canada)
Is a court bound by the terms of a separation agreement? (Ontario, Canada)
Is a party bound to the terms of a contract even if they have not read or understood the contract? (Ontario, Canada)
Is non est factum a defence for a party to an agreement that is fundamentally different to the agreement that party believed it was? (British Columbia, Canada)
Is a vicariously liable party bound by the same procedural considerations as the party at fault? (Saskatchewan, Canada)
Can an employee who works in a joint venture agreement with his employer do not breach the terms of the agreement? (Canada (Federal), Canada)