What is the test for an agreement to be made between a party and party to a contract?
Ontario, Canada
The following excerpt is from Rooker v. Hoofstetter, 1895 CanLII 46 (ON CA):
I think it falls within the principle of such cases as Bonnewell v. Jenkins, 8 Ch. D. 70. Fry, J., says (p. 72): “A long series of cases has established this proposition, that the mere reference to a future contract is not enough to negative the existence of a present one. * * I come to the conclusion that (this) is a simple acceptance of the offer made by the plaintiff, accompanied by a mere statement of an intention that that arrangement shall be reduced into a formal contract.”
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