What is the test for uniqueness in a contract?
Alberta, Canada
The following excerpt is from Amnor Ltd. v. 923862 Alberta Ltd., 2010 ABQB 236 (CanLII):
An initial issue is to determine when uniqueness must be found. Ordinarily, following Hadley v. Baxendale (1854), 9 Ex. 341 at 354; 156 E.R. 145, the parties’ knowledge at the time of the making of the contract is relevant.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will a party be bound by the elements of a contract where the contract is not enforceable when the contract was signed? (Alberta, Canada)
Is a contract enforceable for breach of contract when the contract is not enforceable? (Alberta, Canada)
What is the test for specific performance in a contract where a house is not unique? (Alberta, Canada)
Can facts establish a breach of contract and arise from carelessness in the performance of the contract? (Alberta, Canada)
Can an assignee or assignee of a vendor under a conditional sales contract, and if so, what are the consequences if the vendor decides to cancel the contract? (Alberta, Canada)
How have the courts interpreted the meaning of the word "contract" in the context of an enforceable contract? (Alberta, Canada)
How has contract law been interpreted in the context of tenders in construction contracts? (Alberta, Canada)
What is the meaning of a contract law case in contract law? (Alberta, Canada)
What is the test for a contract where a party contracts to cut for a quantity of wood and haul and deliver the wood at a time and to a place mentioned? (Alberta, Canada)
Does an agent have to be personally liable on a contract where the principal of the contract is not personally liable? (Alberta, Canada)
