What is the test for a commercial contract?
British Columbia, Canada
The following excerpt is from R & B Plumbing & Heating Ltd. v Gilmour, 2018 BCSC 1295 (CanLII):
The requisite elements of “intention to be bound, offer and acceptance, and certainty of terms” must be present: Redfern at para. 73. 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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