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Blair v Western Mutual Benefit Association, [1972] 4 WWR 284.

Facts:

Ms. Blair (P) was a stenographer with D Corp.

March 1969: D passed a resolution at a mtg. to grant P"at least two years salary as retirement pay"

P got to know this when the minutes of the meeting were given to her via stenograph.

Just 1969: P retired and and claimed the $800 retirement pay pursuant to the resolution

Issue(s):

Did the resolution constitute an offer to pay P retirement benefit and did her resignation constitute as an acceptance

Ratio:

(1) A party must intend to make an offer for it to be an offer capable of acceptance, and it must be communicated to the party to whom it is directed in order to prove that the offeror intended to be legally bound.

(2) It makes no difference if the offeree knows about the offer by another means – it must be deliberately communicated to them by the offeror.

Analysis:

Justice Bull: There was no intention to be legally bound, there was no communication directly to Ms. Blair in any way of anything that could be construed as an offer.

Justice McFarlane: The evidence failed to disclose that"she acted upon the resolution:. There was no necessary nexus between the resolution and the P's retirement.

In this case, the D had not taken the next step to contact the P to officially present the offer -> therefore there was no intention to be bound -> therefore no contract was made.

Holding:

Defendant successful.


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