Legal Wit—"OPCA foisted unilateral agreements"

Legal Wit—

An objective person knows that he or she cannot usually be held bound in contract by simple receipt of an offer. Many OPCA foisted unilateral agreements feature language that demands its recipient respond or rebut an obligation by a certain deadline. If not, then the agreement proclaims the recipient is bound by its terms. A moment's consideration shows it is absurd that the law would respect that requirement. What if a document was received, but not read within the deadline? What if the document was received by an illiterate person, or one who did not understand the document's meaning? Could they have a 'meeting of the minds'? Of course not, no more than handing a document to a sheep and saying "By not repudiating this agreement, I may eat you." establishes a mutual and common intent.

 

Meads v. Meads

2012 CarswellAlta 1607

Alberta Court of Queen's Bench, 2012

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