Inukshuk Wireless Partnership v. 4253311 Canada Inc.
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Issues
Is Ontario the correct jurisdiction, one factor being the location of where the contract was made
Ratio
When acceptance is by email (an instantaneous communication) the place of the receipt by the Offeror is the jurisdiction that applies.
The general rule of contract law is that a contract is made in the place that the offeror receives notice of the acceptance of the offer from the offeree
Email is no different than a fax
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Termination of Offer
Revocation
Dickson v. Dodds
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Issues
“If an offer has been made for the sale of property, and before that offer is accepted, the person who has made the offer enters into a binding agreement to sell the property to somebody else, and the person to whom the offer was first made receives notice in some way that the property has been sold to another person, can he [the Offeree] after that make a binding contract by the acceptance of the offer?”
Ratio
An offer can be withdrawn before it is accepted even if the Offeror states that it will be open for a certain period of time, but that revocation must be communicated to the Offeree.
A revocation may be effective if the Offeree learns indirectly that the Offeror is no longer willing to stand by the offer.
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Byrne v. Van Tienhoven
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Issues
Whether a withdrawal of an offer has any effect until it is communicated to the person to whom the offer has been sent?
Whether posting a letter of withdrawal is a communication to the person to whom the letter is sent?
Ratio
The Postal Rule applies to acceptance of an offer, but does not apply to revocation of an offer.
An offer can be withdrawn before it is accepted and it is immaterial whether or not the offer is expressed to be open for acceptance for a given time frame or not.
A person who has accepted an offer not known to him to have been revoked, shall be in a position safely to act upon toe footing that the offer and acceptance consisted a contract binding both parties
An un-communicated revocation is no revocation at all.
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Errington v Errington and Woods
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ISSUES
Could the wife revoke the offer of her husband (the father-in-law)?
RATIO
The Offeror cannot revoke a unilateral contract if the Offeree has started performance of the act that is required by the offer.
But it would cease to be binding if the action was left incomplete or unperformed.
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Lapse
Barrick v. Clark
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Issues
Was Clark’s acceptance of the offer within reasonable time?
Ratio
Treating the November 15th letter as an offer, there are 3 factors which show that the December 10th acceptance was beyond a reasonable time
1. Deal can be closed immediately
2. “As soon as possible”
3. Provision after acceptance
When an offer does not specify a time for acceptance, an offeree has a reasonable time to accept
A Reasonable time depends on the nature of the subject matter, the normal business practice, and circumstances of the offer.
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Incomplete Terms
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