What is the test for establishing that a party has committed acts in breach of a contract?

Saskatchewan, Canada


The following excerpt is from Lensen v. Lensen, 1984 CanLII 2424 (SK CA):

This test was adopted in Wakeham v. Mackenzie, [1968] 1 W.L.R. 1175, at p. 1181. I conclude that these English authorities take the view that the acts “need not unequivocally refer to the contract in question but must prove the existence of some contract and be consistent with the one alleged.

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