What is the test for establishing that a party to a contract has a right to terminate the contract?
British Columbia, Canada
The following excerpt is from Forma Project Development Ltd. v. Chings Investments Inc., 1995 CanLII 1303 (BC CA):
5 In this case, I am satisfied that they had done so. This is not a "subject to contract" case. Whether an agreement is so subject is, as Parker J. pointed out in the case of Von Hatzfeldt-Wildenburg v. Alexander, [1912] 1 Ch. 284, [1911-13] All E.R. Rep. 148, a matter of construction.
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