An appellate court will overturn a trial judge's findings of fact where the judge's reasoning rested on an incorrect view that evidence was unchallenged when it was in fact contradicted by unchallenged evidence from another witness, and where the judge failed to account for contemporaneous documentary evidence supporting the unsuccessful party's account. The provision and acceptance of a salary calculation document specifying termination entitlements can constitute formation of an agreement, notwithstanding that the document is described as containing 'estimates only', where it is provided in response to a request for confirmation of entitlements in the context of ongoing negotiations about departure terms.
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