What is the test for determining whether a contract has been formed?
New Brunswick, Canada
The following excerpt is from Streek v. Chun, 2015 NBQB 82 (CanLII):
It is important to note that in determining this issue, and other questions regarding whether a contract has been formed, the determination is to be made objectively – from the perspective of the reasonable bystander in light of all the circumstances. This was also addressed in United Gulf Developments v. Iskandar, supra, as were three principles of law that are applicable in this case, as follows: “80. The judge properly instructed himself on the law; no issue is taken with the three legal propositions he set out at para. 34 of his reasons:
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