What is the test for the construction of a contract where a clause in the contract states that a condition fundamental to the agreement must be met before the contract can be signed?
British Columbia, Canada
The following excerpt is from Skoko v. Chychrun Construction Ltd., 1980 CanLII 482 (BC SC):
The provision is not, of course, expressly stated to contain a condition fundamental to the agreement, as was the case with the clause considered in Barnett v. Harrison. Whether or not it is to be so construed must be determined by the normal rules of construction.
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