What is the test of the principle of consent between the consent of the parties?
Saskatchewan, Canada
The following excerpt is from Johnson, Re, 1957 CanLII 188 (SK CA):
It was this principle which Lord Camden was enforcing in Dufour v. Pereira (1769) 1 Dick 419, 21 ER 332, when he said: “It is a contract between the parties which cannot be rescinded but by the consent of both. The first that dies carries his part of the contract into execution. Will the court afterwards permit the other to break the contract? Certainly not.”
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