What is the test for determining whether performance in the present circumstances would render the contract radically different from that which was agreed in the circumstances of August 25?
British Columbia, Canada
The following excerpt is from Bank of Montreal v. On-Stream Natural Gas Ltd. Partnership, 1995 CanLII 1882 (BC SC):
26 The three-fold test for determining whether performance in the present circumstances would render the contract radically different from that which was agreed in the circumstances of August 25, is well-settled: 1.What was the foundation of the contract? 2.Was the performance of the contract prevented? 3.Was the event which prevented the performance of the contract of such a character that it cannot reasonably be said to have been in the contemplation of the parties as at the date of the contract? (Krell v. Henry, [1903] 2 K.B. 740)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a contract is enforceable in circumstances where the contract states that a particular law will govern the contract? (British Columbia, Canada)
What is the test for determining whether a reasonable person would expect icy conditions would have been present? (British Columbia, Canada)
Does the fact that there is no provision that considers the respondent’s failure to perform his obligations in breach of contract preclude the applicant from seeking damages for non-performance of the contract? (British Columbia, Canada)
What are the relevant factors for determining whether either of two possible jurisdictions would be suitable for the determination of issues raised by the litigation at issue? (British Columbia, Canada)
What is the test for determining whether a plaintiff would have performed the same or the same work? (British Columbia, Canada)
Is there any difference between whether the right of way is actually required for railway purposes and whether it is determinable at the sole will of the Indian Community Fund? (British Columbia, Canada)
What is the test for determining whether a contract can be specifically performed? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
What is the test for determining whether a counterclaim is in respect of a matter agreed to be submitted to arbitration? (British Columbia, Canada)
In what circumstances will the doctrine of non est factum be applied in real estate contracts where the contract is not binding? (British Columbia, Canada)
