What is the test for establishing a contract?
British Columbia, Canada
The following excerpt is from Ratanshi v Brar Natural Flour Milling (B.C.) Inc., 2021 BCSC 2216 (CanLII):
The usual principles of contract formation apply. That is, the court must analyze the evidence to determine whether, in all the circumstances, it is clear to the objective, reasonable bystander that the parties intended to contract, and whether the essential terms of that contract can be determined with a reasonable degree of certainty: Kuo v. Kuo, 2017 BCCA 245 at para. 38.
"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
Is a contract enforceable if the contract contains no representations, warranties, guarantees or promises other than those set out in this contract? (British Columbia, Canada)
What is the range of damages for damages for breach of a contract where the contract price of a parcel of land was significantly lower than the value of the land at the time the contract was signed? (British Columbia, Canada)
Is an employment contract valid when the substratum of the employment contract has been eroded so that the contract does not need to be substantially eroded? (British Columbia, Canada)
What is the test for the construction of a contract where a clause in the contract states that a condition fundamental to the agreement must be met before the contract can be signed? (British Columbia, Canada)
What is the test for establishing that a party to a contract has a right to terminate the contract? (British Columbia, Canada)
What is the test for determining whether a contract is enforceable in circumstances where the contract states that a particular law will govern the contract? (British Columbia, Canada)
When a contract is signed and signed, can a party who signed it before and at the time of the contract be found to have misrepresented the agreement? (British Columbia, Canada)
What is the test for repaying a contract where a party has been found to have committed a breach of the contract? (British Columbia, Canada)
Does the fact that there is no provision that considers the respondent’s failure to perform his obligations in breach of contract preclude the applicant from seeking damages for non-performance of the contract? (British Columbia, Canada)
In what circumstances will the doctrine of non est factum be applied in real estate contracts where the contract is not binding? (British Columbia, Canada)
