What is the test for a finding that a party to a business agreement is bound by the terms of the agreement?
Saskatchewan, Canada
The following excerpt is from Masters v. Masters, 1991 CanLII 8022 (SK CA):
The trial judge concluded that on the basis of Pelech v. Pelech, 1987 CanLII 57 (SCC), [1987] 1 S.C.R. 801; [1987] 4 W.W.R. 481; 76 N.R. 81; 7 R.F.L.(3d) 225; 14 B.C.L.R. 145; 38 D.L.R.(4th) 641, the parties should be kept to their agreement. He further indicated he was not inclined to exercise his discretion to eliminate the appellant's obligation in any event, as such an order was in effect penalizing her as a result of her business success. The appeal is from that judgment.
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