What is the test for determining whether a reasonable bystander has been in the context of a breach of contract?
British Columbia, Canada
The following excerpt is from Gulf Management Inc. v Burbank, 2022 BCSC 471 (CanLII):
… [W]ith 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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