LAWG 100D1 Lecture Notes - Lecture 11: Beak, Kleinwort Hambros, Executory Contract
23 Jan 2018
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Correction from last class - there is no post box rule in quebec; they abide by reception. There is a reception rule in common law canada, except for contracts that may still be formed by post: ex: if you receive an offer by mail, and accept the offer by post. You cannot use a faster means of communication to revoke before the acceptance gets there through post because you accept as soon as it enters the mail. Review of errington vs. errington: carlill says that acceptance occurs when you complete performance. Imply a correlative promise: bilateral executory contracts are binding form the moment of contract formation (acceptance). Performance is irrelevant: offeror can sue if offeree doesn"t climb the flag pole, court favors this when its possible. If you can"t construe a correlative promise - you imply a promise. Once performance has began, offeror can"t revoke: courts have this power to imply things into the contract all the time.
