The Credit Offer is characterized as a collateral agreement for issues of enforcement. Hawrish v. Bank of Montreal, 1969 CanLII 2 (SCC), [1969] S.C.R. 515 at 524, adopts the principle of enforceability as follows: A distinct collateral agreement, whether oral or in writing, and whether prior to or contemporaneous with the main agreement, is valid and enforceable even though the main agreement be in writing, provided the two may consistently stand together so that the provisions of the main agreement remain in full force and effect notwithstanding the collateral agreement. Hawrish outlines three elements required for enforceability of a collateral contract. They are that: a) the terms of the contract are clearly shown; b) there is a clear intention to contract; and c) the collateral contract is not inconsistent with or does not contradict the main contact. The respondent contends that the Credit Offer fails to satisfy each of the three elements. Clear Terms
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