Can a contract be declared unenforceable if one of the parties has not agreed to the terms?
British Columbia, Canada
The following excerpt is from Mackoff & Company v. Grewal, 2015 BCSC 1726 (CanLII):
In my opinion, the equitable jurisdiction emphasized in Waldock v. Bissett includes the authority to declare a written contract unenforceable where one of the parties has not in fact agreed to its terms, on the ground that it would be unfair to enforce it in the circumstances. On the findings of fact made by the trial judge, I think that the circumstances of this case meet the test of unfairness.
"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 unenforceable if one of the parties has not agreed to the terms? (British Columbia, Canada)
What is the effect of a change in terms of terms and conditions in an employment contract when an employee finds that the terms of their employment contract have been changed so that they no longer exist? (British Columbia, Canada)
Can a vendor who is late in signing a contract with a third party who has been late in entering into the contract, take advantage of the other party's performance? (British Columbia, Canada)
What is the test for a contract where the parties have not agreed on the price of the contract? (British Columbia, Canada)
What is the legal test to enforce a contract where a party is not a party to the contract? (British Columbia, Canada)
What are the exceptions to a contract where the contract is signed by one party to the other's mistake as to the terms? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
What is the scope of the tort of inducing or procuring the breach of contract between a party and the party? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
Is a contract that requires the purchaser to take all reasonable steps necessary to meet the terms of the contract? (British Columbia, Canada)
