What is the legal test for an inventor who has never signed a written contract?
Alberta, Canada
The following excerpt is from Triple Five Corporation v. Crown Zellerbach Stores Limited, 1981 CanLII 1114 (AB QB):
The situation is that described by Erle J. in Pym v. Campbell (1857), 6 E.& B. 370, 119 E.R. 903. In that case the defendant had signed a document purporting to buy a share of an invention. The plaintiff was allowed to give oral evidence that the agreement was not to operate until a third party had approved the invention and that this approval had never been received. The court held that these facts did not add a condition to the written contract but “… the evidence showed that there was never any agreement at all”.
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