What is the test for establishing an agreement between two parties?
Alberta, Canada
The following excerpt is from Fayad v. Pacula, 1974 CanLII 300 (AB QB):
The case of Kelly v. Watson, 1921 CanLII 23 (SCC), 61 S.C.R. 482, [1921] 1 W.W.R. 958, 57 D.L.R. 363, is authority for the proposition that if a court after hearing the evidence can spell out an agreement which represents the true intention of the parties it should do so. However, where the true intention of the parties is vague and the terms of the agreement are not clear, then the court cannot formulate an agreement between the parties who were never ad idem to that agreement.
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