What is the effect of not reducing the language between the parties to writing a contract?
Ontario, Canada
The following excerpt is from Home Discovery Ltd. v. Vargas, 2006 CanLII 11914 (ON SC):
The contracts between the parties in respect of both the home and the commercial site were entirely oral. The failure of the parties to reduce even the basic terms of their agreement to writing has led to this lawsuit. The evidence led in respect of some of the issues outstanding between the parties was quite meagre, incomplete and unsatisfactory. Several items said to be in dispute were not even the subject of cross-examination on behalf of the defendants, who chose instead to simply advance their own account of the evidence contrary to the principles in Browne v. Dunn.
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