Can an interim agreement that states that payments were to be made as a result of the division of lands be paid?
British Columbia, Canada
The following excerpt is from Dot Developments Ltd. v. Fowler, 1980 CanLII 264 (BC SC):
The evidence that payments were to be made as the lands were subdivided cannot be considered as evidence to prove uncertainty. As a general rule, when a contract is wholly in writing, neither party may adduce extrinsic evidence: Jacobs v. Batavia & General Plantations Trust, Ltd., [1924] 1 Ch. 287, per P.O. Lawrence J. at p. 295. By way of exception to the general rule against parol evidence, extrinsic evidence is admissible to cure uncertainty. Here, however, the interim agreement is clear and unambiguous and it stands as creating contractual rights and obligations.
"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
Does the parol evidence rule apply to a payment agreement where the payment agreement states that no refunds should be made unless the payment policy is less than one month's notice? (British Columbia, Canada)
What is a grantee's right to use the land under section 218(3)(b) of the B.S.A.L.O.A/S.B.A Land Agreement? (British Columbia, Canada)
What is the current state of the law on interim interim arrangements? (British Columbia, Canada)
What is the test for establishing a collateral agreement where the collateral agreement is inconsistent with or contradicts the written agreement? (British Columbia, Canada)
Does a formal offer to settle a claim against a plaintiff be apportioned costs based upon division of liability based upon a division of costs based on division of liabilities? (British Columbia, Canada)
Is a document that states, "I agree to charge" and "on demand to execute the proper mortgages of the said land to carry out this agreement"? (British Columbia, Canada)
What is the effect of a common law common law agreement where the parties have reached an agreement stating that if the parties reconcile, will the common law rule remain in effect even if they reconcile? (British Columbia, Canada)
Can a lawyer add an additional bonus to the legal fees paid to a client as a result of interim billing? (British Columbia, Canada)
When assessing the fairness of a common law agreement in its operation in terms of child and spousal support and property division, how is the agreement calculated? (British Columbia, Canada)
Is there any evidence that a plaintiff was ready, willing and able to complete her obligations as set out in the interim agreement? (British Columbia, Canada)
