D opened discussion with P to obtain possession of part of P’s farmland for construction of D’s rail line.
P gave D’s agent a written statement of terms upon which he would acquiesce to the proposal.
P’s terms included making D responsible for damages for trespass, for straying cattle, costs for land, fences, solicitors’ fees, etc.
P added that if D took possession, he could consider that D agreed to his terms.
D took possession but declined it was bound by Ps conditions
P seeks enforcement of his terms as per the contract.
Was there a contract?
Did the D’s conduct constitute acceptance of P’s offer, i.e. conditions?
Action can be constituted as acceptance with the proper conditions.
D is bound by the terms, there is a contract between the parties. If not, the D would be trespassers.
“An offer can be accepted by an act or by conduct. An acceptance is communicated when it is made in a manner prescribed or indicated by the offerer”. Per Mathers, J.