What is the test for establishing on a balance of probabilities that a contract was formed?
British Columbia, Canada
The following excerpt is from Birdi v Luch, 2016 BCSC 1361 (CanLII):
The party alleging the existence of a contract bears the onus of establishing on a balance of probabilities, that the contract was formed: Coal Harbour Properties Partnership v. Liu, 2005 BCSC 873 at para. 32, aff’d 2006 BCCA 385.
In Private Career Training Institutions Agency v. Prana Yoga Teacher College Inc., 2013 BCSC 17, Mr. Justice Voith succinctly summarized the law of offer and acceptance at paras. 42 and 43:
"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
What is the test for establishing that a party to a contract has a right to terminate the contract? (British Columbia, Canada)
What is the standard of proof for a plaintiff to prove that a hypothetical event is not a probability, not a balance of probabilities? (British Columbia, Canada)
What is the range of damages for damages for breach of a contract where the contract price of a parcel of land was significantly lower than the value of the land at the time the contract was signed? (British Columbia, Canada)
What is the test for establishing a balance of probabilities in a civil action? (British Columbia, Canada)
What is the test for the construction of a contract where a clause in the contract states that a condition fundamental to the agreement must be met before the contract can be signed? (British Columbia, Canada)
Is a contract enforceable if the contract contains no representations, warranties, guarantees or promises other than those set out in this contract? (British Columbia, Canada)
What is the test for establishing earnings loss on a balance of probabilities? (British Columbia, Canada)
What is the test for determining whether a contract is enforceable in circumstances where the contract states that a particular law will govern the contract? (British Columbia, Canada)
Is an employment contract valid when the substratum of the employment contract has been eroded so that the contract does not need to be substantially eroded? (British Columbia, Canada)
What is the test for repaying a contract where a party has been found to have committed a breach of the contract? (British Columbia, Canada)
