What is the test for an agreement between a person and another?
British Columbia, Canada
The following excerpt is from Callaghan v. Jack et. al., 2004 BCPC 85 (CanLII):
In Gutheil v. Rural Municipality of Caledonia No. 99 (1965) 1964 CanLII 357 (SK QB), 48 D.L.R. (2d) 628, Sirois J. stated at page 635: "The law judges of the intention of a person by his outward intention only and it judges of an agreement between two persons exclusively from those expressions of those intentions which are communicated between them."
"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
If a person acts within their legal rights, is that person liable even if another person suffers a loss? (British Columbia, Canada)
What is the test for determining whether a person has been injured by another person? (British Columbia, Canada)
What is the effect of a personal property agreement on property that would have occurred without the agreement? (British Columbia, Canada)
How does a resulting trust arise when a person contributes to the purchase price of a property and the property is then placed in another person's name? (British Columbia, Canada)
Can one person's invitation to touch another person's penis constitute an assault? (British Columbia, Canada)
What is the test for establishing a collateral agreement where the collateral agreement is inconsistent with or contradicts the written agreement? (British Columbia, Canada)
Does a collective agreement protect a plaintiff in a personal injury action brought by a non-party to the collective agreement? (British Columbia, Canada)
Can a third party resident of another province resident in another province be ordered to produce his or her records to a litigant? (British Columbia, Canada)
What is the difference between an agreement to agree and an expression by the parties that a completed agreement is to be memorialized? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
