Is there any difference between the construction and interpretation of mixed fact and law in determining the existence of an oral contract?
Newfoundland and Labrador, Canada
The following excerpt is from Modern Paving Ltd. v. Donovan Homes Ltd., 2011 NLCA 39 (CanLII):
If the construction and interpretation of a written document is a question of mixed fact and law, surely the determination of the existence of an oral contract is as well, given that there is less fact finding involved when written words and terms have been committed to writing. An oral contract by definition involves establishing what was said and agreed to before the exercises of applying the law to the facts and interpreting the contract even begin. This view is consistent with that expressed by Finch J.A., (in dissent although not on this point) in Truong v. British Columbia, 1999 BCCA 513, to the effect that the existence of an oral contract is always a question of mixed fact and law.
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