What is the test for determining whether an enforceable agreement exists?
British Columbia, Canada
The following excerpt is from Hawkeye Power Corporation v. Sigma Engineering Ltd., 2014 BCSC 1444 (CanLII):
The test for the determination of whether an enforceable agreement exists is an objective one, requiring the court to determine whether the parties have indicated to the objective reasonable bystander their intention to contract and the terms of that contract: MacMillan v. Kaiser Equipment Ltd., 2004 BCCA 270 at para. 44.”
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