What is the correct approach when a contract was formed?
Saskatchewan, Canada
The following excerpt is from Con-Force Products Ltd. v. Rosen, 1967 CanLII 390 (SK QB):
The correct approach when the question before the court, as here, is whether a contract was formed, or, to put it another way, whether offer and acceptance met, is, “How ought the promisee to have interpreted the promise?” Ingram v. Little, supra, at p. 340. Cheshire and Fifoot, Law of Contract, 6th ed., at p. 204 states the rule this way: “* * * the question is not what the parties had in their minds, but what reasonable third parties would infer from their words and conduct.” So also, the law is not concerned with a party’s motives for entering into a contract.
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