What is the test for establishing a contract?
California, United States of America
The following excerpt is from Vita Planning & Landscape Architecture, Inc. v. HKS Architects, Inc., 192 Cal.Rptr.3d 838, 240 Cal.App.4th 763 (Cal. App. 2015):
[W]hether a certain or undisputed state of facts establishes a contract is one of law for the court... . On the other hand, where the existence ... of a contract or the terms thereof is the point in issue, and the evidence is conflicting or admits of more than one inference, it is for the ... trier of the facts to determine whether the contract did in fact exist... [.] [Citations.] (Alexander v. Codemasters Group Limited (2002) 104 Cal.App.4th 129, 141, 127 Cal.Rptr.2d 145 (Alexander ), disapproved on another ground in
[240 Cal.App.4th 772]
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