What is the test for establishing if a written agreement is binding on a land agreement?

Alberta, Canada


The following excerpt is from Phibbs v. Chee Choo, 1976 ALTASCAD 162 (CanLII):

Taking the written document by itself, and disregarding for the moment that portion of the evidence which could be read to suggest that the parties might still be "in treaty", using this term as it is used in such cases as Chinnock v. The Marchioness of Ely, (1865) 4 De G.J.& S. 638, 46 E.R. 1066, it becomes necessary to find whether there is sufficient certainty in the following respects: (a) When is the cash portion of the purchase to be paid; (b) Is the provision "the balance to be one-half the crop" unambiguous; (c) How is possession to be given and the production of crop to be worked out in respect of the one-quarter interest in Section 20?

Other Questions


What is the fiduciary duty of an individual in a relationship where there is no written agreement or binding agreement? (Alberta, Canada)
Can a written agreement be enforced if the written agreement is not executed? (Alberta, Canada)
Can an agreement by the parties of Fort McMurray (City) and the Agreement of Agreement give the parties the authority to set up an enforcement board? (Alberta, Canada)
Can an oral agreement be established between a debtor and her landlord? (Alberta, Canada)
What is the test for a binding agreement? (Alberta, Canada)
Is a statement of claim referring to a verbal agreement valid or binding? (Alberta, Canada)
Can evidence that is not in the form of a written agreement be considered to prove otherwise? (Alberta, Canada)
What is the effect of a written settlement agreement setting custody and access? (Alberta, Canada)
Can an oral agreement contradict a written sublease? (Alberta, Canada)
Is an agreement binding an appeal under s. 44 of the Arbitration Act? (Alberta, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.