There can be a binding contract made even if a subsequent and more precise agreement is contemplated by the parties (see Cushing v. Knight (1912), 1912 CanLII 26 (SCC), 46 S.C.R. 555). As I see it, this is the exact situation in which the defendant finds himself. Because he expected a more formal agreement would be necessary in due course, he has’ erroneously concluded that the subject agreement is not binding.
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