What is the impact of the conduct of the parties to the formation of an alleged agreement?
British Columbia, Canada
The following excerpt is from Hawkeye Power Corporation v. Sigma Engineering Ltd., 2014 BCSC 1444 (CanLII):
The court may consider the conduct of the parties leading up to and following formation of the alleged agreement. The parties’ actions, such as the altering of terms after what is alleged to be the conclusion of an agreement, may be evidence that no such agreement was ever reached: Salminen v. Garvie, 2011 BCSC 339, at para. 28.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of a common law common law agreement where the parties have reached an agreement stating that if the parties reconcile, will the common law rule remain in effect even if they reconcile? (British Columbia, Canada)
Can a party rely on the Tolling Agreement to insulate themselves from judicial intervention for allegedly oppressive conduct which continues today? (British Columbia, 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 child support agreement entered into between the parties binding the parties to child support? (British Columbia, Canada)
When parties have negotiated their own maintenance agreement following their divorce, can the agreement be respected? (British Columbia, Canada)
Does contemplation of parties to a further agreement negate the existence of a binding agreement? (British Columbia, Canada)
Is a third party responsible for the costs of a plaintiff who alleges that one of the third parties has failed to draft specifications to clearly state that certain fireproofing is to be asbestos-free? (British Columbia, Canada)
What is the difference between an agreement to agree and an expression by the parties that a completed agreement is to be memorialized? (British Columbia, Canada)
In making a preliminary determination on a judicial review application, is it appropriate for the parties to conduct a detailed legal analysis of the parties' positions? (British Columbia, Canada)
What is the onus on a party seeking to set aside an agreement that was entered into the agreement? (British Columbia, Canada)
