What is the test for establishing that the parties' intent was in breach of contract?
California, United States of America
The following excerpt is from Builders v. Saur, D068860 (Cal. App. 2016):
Extrinsic evidence of the parties' intent includes "objective matters as the surrounding circumstances under which the parties negotiated or entered into the contract; the object, nature and subject matter of the contract; and the subsequent conduct of the parties." (Morey v. Vannucci (1998) 64 Cal.App.4th 904, 912.)
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