Is the February 1999, Settlement enforceable?

British Columbia, Canada

The following excerpt is from Ring Contracting Ltd. v. PCL Constructors Canada inc., 2001 BCSC 776 (CanLII):

There was no dispute that in determining whether the February 1999, Settlement was enforceable, the intent of the parties must be considered. That issue is determined on an objective standard, namely, the manner in which the parties conducted themselves at the time that the contract was made. That is: If, whatever a man’s real intention may be, he so conducts himself that a reasonable man would believe that he was assenting to the terms proposed by the other party, and that other party upon that belief enters into the contract with him, the man thus conducting himself would be equally bound as if he had intended to agree to the other party’s terms. Smith v. Hughes (1871), L.R. 6 Q.B. 597 at 607.

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