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Carr v Canadian Northern Railway Co. (1907)

Facts:

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.

Issue(s):

Was there a contract?

Did the D’s conduct constitute acceptance of P’s offer, i.e. conditions?

Ratio:

Action can be constituted as acceptance with the proper conditions.

Analysis:

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.

Holding:

Plaintiff successful.


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