Thursday, March 6, 2014

Offer and Counter Offer

Sotiropoulou v. Beaudin, 2014 ONCA 168:

[4]          Counsel submits that the terms of the respondents’ counter-offer were not essential terms of the agreement. However, the law is clear. As Professor Fridman notes, “[m]ore than once has it been said that an acceptance must correspond precisely to the terms of the offer”: G.H.L. Fridman, The Law of Contract in Canada, 6th ed. (Toronto: Carswell, 2011), at p. 57. Otherwise, the purported acceptance is “at most a counter-offer, and a further communication of assent will be required from the offeror” before a contract is formed: S.D. Waddams, The Law of Contracts, 6th ed. (Toronto: Canada Law Book, 2010), at para. 60.

1 comment:

Bruce said...

Thanks for sharing this as it is a good reminder as to what constitutes acceptance.