What is the test for determining whether a party intended to enter into a contract?

British Columbia, Canada


The following excerpt is from Burton v Marwest Utilities Services Ltd., 2019 BCSC 490 (CanLII):

Further, with regard to the intentions of the parties, the test is not what the parties subjectively intended but whether the parties have indicated to the outside world, in the form of the objective reasonable bystander, their intention to contract and the terms of such contract (Berthin v. Berthin, 2016 BCCA 104 at para. 46).

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