Is there any case law in which a defendant is held to have accepted a contract for the sale of a box of apples?
Saskatchewan, Canada
The following excerpt is from Shinn v. McLean, 1909 CanLII 100 (SK QB):
That the defendant did not repudiate the contract is, of course, more than plain from the fact that he took possession of the apples, opened all the boxes, sorted them, threw some away, and sold some. The defendant must be held to have accepted: Chaplain v. Rogers (1800), 1 East 192, 6 R.R. 249; Blenkinsop v. Clayton (1817), 7 Taunton 597, 18 R.R. 602.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have courts interpreted the terms of a contract where the contract is not enforceable and the contract does not specify terms? (Saskatchewan, Canada)
Can a contract be made even if the contract is more precise than the contract itself? (Saskatchewan, Canada)
Does the issue of a writ constitute an acceptance of the renunciation of a contract? (Saskatchewan, Canada)
If a contract to sell peas has a description clause that says that the peas are not ordered or sold by description, can the contract still be enforceable? (Saskatchewan, Canada)
Can a contractor who contracts for the construction of a 200-foot tunnel run the length of the tunnel, but runs five tunnels instead, can he recover on the contract or on the quantum meruit? (Saskatchewan, Canada)
What is the test for interpreting a contract where a clause in the contract requires a party to pay 100,000 of its covenants to pay £100,000? (Saskatchewan, Canada)
When a vendor contracts to sell to a purchaser an agreement for a lease and the purchaser subsequently repudiates the contract, can the vendor continue to exercise its right to exercise that right? (Saskatchewan, Canada)
Is a plaintiff justified in refusing to accept payment from defendant Sophie Brounstein? (Saskatchewan, Canada)
Does the doctrine of frustration apply when it is alleged that a change in circumstances after the formation of a contract renders it physically or commercially impossible to fulfil the contract? (Saskatchewan, Canada)
In what circumstances will a bank and its solicitor agree to accept and accept an offer of credit? (Saskatchewan, Canada)
