What is the test for establishing a consensus ad idem in a contract?
British Columbia, Canada
The following excerpt is from DeGagne v. City of Williams Lake, 2015 BCSC 816 (CanLII):
The essence of any legally enforceable contract is consensus ad idem; there is no contract without the required meeting of the minds. Both parties to an alleged contract must have manifestly expressed an intention to be legally bound by the agreement and the parties must be shown to have reached consensus on the essential terms of the alleged contract. The parties must have expressed those essential terms such that “their meaning can be determined with a reasonable degree of certainty” by the courts: Frolick v. Frolick, 2007 BCSC 84 at para. 30.
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