What is the test for breach of contract in a commercial relationship?
British Columbia, Canada
The following excerpt is from Bond Development Corporation v. Esquimalt (Township), 2004 BCSC 454 (CanLII):
After considering enrichment, deprivation and juristic reason in the context of a commercial relationship, the court concluded: In my opinion the element of injustice or want of commercial good conscience which should guide the application of the three part test in Pettkus v. Becker in a commercial context is established in this case.
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