What is the test for an individual to be bound as if he intended to agree to the terms of a contract?
Ontario, Canada
The following excerpt is from IT/Net Ottawa Inc. v. Berthiaume, 2002 CanLII 42541 (ON SC):
As stated in Smith v. Hughes (1871), L.R. 6 Q.B. 597 at 607 per Lord Blackburn: If, whatever a man’s real intention may be he so conducts himself that a reasonable man would believe that he was consenting to the terms proposed by the other party and that other party upon that belief enters into a contract with him, the man thus conducting himself would be equally bound as if he had intended to agree to the other party’s terms.
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