What is the meaning of the word "agreement" in common law?
Alberta, Canada
The following excerpt is from Tate v. Canada Mortgage and Housing Corporation, 2001 ABQB 1128 (CanLII):
Dunlop, Creditor-Debtor Law in Canada (2nd ed.) says, pp. 37-38: An early British Columbia decision, if accepted, would have effectively reduced the legislation to little more than a restatement of the common law. In Bell v. Quagliotti Gregory J. observed that the word “agreement” should be read in the common law sense of a promise under seal or supported by consideration. This perverse reading has been rejected by several subsequent cases and it is now clear that “agreement” is intended to refer to an understanding or bargain in the ordinary sense of the terms, whether enforceable at common law or not. (emphasis mine)
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