What is the test for a breach of contract?

New Brunswick, Canada


The following excerpt is from Risteen v. Paul Dobson Trucking, 2013 NBQB 422 (CanLII):

The author then goes on to quote from Goss v. Nugent (1833) 110 E.R. 713 as follows: [A]fter the agreement has been reduced into writing, it is competent to the parties, at any time before breach of it, by a new contract not in writing, either altogether to waive, dissolve or annul the former agreements, or in any manner to add to, or subtract from, or vary or qualify the terms of it, and thus to make a new contract; which is to be proved, partly by the written agreement, and partly by the subsequent verbal terms engrafted upon what will be thus left of the written agreement.

Other Questions


In what circumstances will the Supreme Court of Canada strike down a contract where the contract states that the contract does not contain a clause requiring full payment? (New Brunswick, Canada)
What are the alternative pleas in a claim for breach of contract, negligence and breach of fiduciary duties arising out of a solicitor-client relationship? (New Brunswick, Canada)
Can a general contractor be sued for negligence or breach of contract by a subcontractor who works on the construction of a house? (New Brunswick, Canada)
What is the test for damages for breach of contract for the purchase and sale of real estate? (New Brunswick, Canada)
What is the test for estimating damages for breach of contract? (New Brunswick, Canada)
Can a jury determine damages for breach of contract? (New Brunswick, Canada)
What is the test of intention, justification and the defence of justification in the context of a breach of contract? (New Brunswick, Canada)
Can a contract be set aside if one party is mistaken about the term of the contract? (New Brunswick, Canada)
What is the test for a statement of claim against a chain contract? (New Brunswick, Canada)
Is a policy of insurance for LTD benefits a contract of indemnification? (New Brunswick, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.