What is the test for a contract where the parties have not agreed on the price of the contract?
British Columbia, Canada
The following excerpt is from Michael Getzlaf (Doing Business As Mike Getzlaf Renovations) v. Reynolds Cabinet Shop Ltd., 2019 BCCRT 73 (CanLII):
20. In circumstances where parties have entered into an agreement but have not agreed on the price, the applicant is entitled to a reasonable amount for the goods and services provided. This concept is known as “contractual quantum meruit”. See, for example, Laing v. Medix Holdings Ltd., 2018 BCPC 276, at paragraph 176.
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