Can a party who dictates different terms for a contract already formed be considered to be refusing to perform the contract as written?
Alberta, Canada
The following excerpt is from Alberta Government Telephones v. Imperial Oak Newsstand Ltd., 1988 CanLII 3900 (AB QB):
A party who dictates different terms for a contract already formed can be considered to be refusing to perform the contract as written: Wile v. Cook, 1986 CanLII 27 (SCC), [1986] 2 S.C.R. 137; 69 N.R. 67. At the Appeal Division level the Chief Justice talks about the defaulting party having “refused ever to complete the agreement as written and was unilaterally dictating different terms”.
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