Can an implied undertaking constitute a cause of action?
British Columbia, Canada
The following excerpt is from Cook v. The Insurance Corporation of British Columbia, 2014 BCSC 1289 (CanLII):
According to the applicants, an implied undertaking is not a contract or promise to an opposite party. It is an obligation to the court and, on that basis, it cannot constitute a cause of action (McDaniel v. McDaniel, 2008 BCSC 653; para. 33; rev’d on other grounds, 2009 BCCA 53).
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