What is the test for establishing there was no binding agreement?

New Brunswick, Canada


The following excerpt is from Poirier v Poirier, 2016 NBQB 215 (CanLII):

It is for these reasons that I have concluded that, in the context of the evidence establishing the prima facie existence of an agreement, the wife has failed to establish there was no binding agreement reached; failed to establish that it was but an unenforceable agreement to agree. Viewed in this light the wife’s actions and non-actions post-meeting are readily explicable by having had a change of mind. Recall the law of contract formation: …The question of whether the parties entered into a binding contract must be determined objectively. What would a reasonable bystander observing the parties conclude with respect to whether a contract was concluded and on what terms? … (Hughes v. The City of Moncton, supra at para. 92)

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