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Larkin v Gardiner (1895) ON

Facts:

P placed house in hands of N (agent) to sell it. D offered N a price. N said was not authorized to sell at that price, but if D signed agreement with price N would take it to P. P agreed and signed the contract. D wrote N the next day withdrawing his offer. N did not try to communicate to D that P had accepted. D refused to do anything on contract

Issue(s):

Was the mere signature of P, without communication to D, enough to be acceptance?

Ratio:

Acceptance must be communicated
**Acceptance by one party un-communicated to the offering party is not acceptance – accepting party must do something irrevocable towards communicating their acceptance

Analysis:

You need some sort of objective proof to show that there was the meeting of the minds


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