Sentences with phrase «existence of a valid contract»

The Court of Appeal affirmed, following the Federal Court of Appeal's decision in Apotex Inc. v. Allergan Inc., 2016 FCA 155, that «Evidence of the actual state of mind or subjective intention of the parties is irrelevant to the existence of a valid contract and its terms» (See para. 35).

Not exact matches

[123] If the exclusion clause is held to be valid and applicable, the Court may undertake a third enquiry, namely whether the Court should nevertheless refuse to enforce the valid exclusion clause because of the existence of an overriding public policy, proof of which lies on the party seeking to avoid enforcement of the clause, that outweighs the very strong public interest in the enforcement of contracts.

Schuckman Realty v. Marine Midland Bank (244 A.D. 2d 400)- broker not entitled to recover a commission from defendant under contract theory where broker entered into brokerage agreements with parties other than the defendant; broker's claim against defendant in quantum meruit fails due to the existence of a valid and enforceable agreement governing the particular subject matter (i.e., commission agreement between broker and other parties).