[4] We disagree with the motion judge's conclusion. On the issue of delay, although the appellant did not sign the lease agreement upon receipt and did not promptly return a signed copy by the respondent, there remains at minimum a triable issue as to whether the contract was accepted by conduct. At common law, an offer can be accepted by conduct if a) the conduct was performed with a view to acceptance of the offer and not for some other motive and b) the conduct was intended to serve as acceptance of the offer in question: G.H.L. Fridman,The Law of Contracts in Canada at p. 52.
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