What is the test for "arbitrarily" breaching a contract?

Northwest Territories, Canada


The following excerpt is from R. v. Simon, 1982 CanLII 3087 (NWT SC):

Farwell J. in Quinion v. Home, [1906] 1 Ch. 596 at pp. 603-4, defined the term "arbitrarily" (in reference to conditions of sale under a contract) to mean "without any reasonable cause". And with respect to reasons offered by a vendor for his conduct in a case of that kind, he said (at p. 603): "I have to see whether those reasons are a mere arbitrary exercise of his own will, or whether they rest upon any rational foundation on which any ordinary reasonable man is entitled to rely."

Other Questions


What is the test for determining whether a person has a right to be "arbitrarily detained or imprisoned"? (Northwest Territories, Canada)
What constitutes a breach of s. 15 of the Canadian Human Rights Code? (Northwest Territories, Canada)
What is the purpose of section 23 of the Charter of Canada and what is the impact of it on minority language education? (Northwest Territories, Canada)
What constitutes a breach of s. 15 of the Canadian Human Rights Code? (Northwest Territories, Canada)
What is the test for undue hardship when a father has to support his biological child? (Northwest Territories, Canada)
What are solicitor and client costs? (Northwest Territories, Canada)
What is the test for certification of a national class action? (Northwest Territories, Canada)
What is the test for judicial review of a government's interpretation of the law? (Northwest Territories, Canada)
What is the test for dismissing an application to dismiss before hearing an appeal? (Northwest Territories, Canada)
Is reasonableness the applicable standard of review under s. 81.1(1) of the Health and Social Care Act? (Northwest Territories, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.