Can an unwritten collateral contract that goes to the root of the reason for one party entering into the subsequent written agreement be enforced?
British Columbia, Canada
The following excerpt is from Kohalyk v. Goltz, 1997 CanLII 3145 (BC SC):
I appreciate that case law indicates that, in certain situations, an unwritten prior collateral contract that goes to the root of the reason for one party entering into the subsequent written agreement can be enforced (See: Gallen v. Butterley (1984), 53 B.C.L.R. 39 (C.A.)). I have not been referred to any such case, however, that concerns the purchase and sale of an interest in land
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