Can a clause in a contract for sale contain a right of first refusal?

Saskatchewan, Canada


The following excerpt is from Kopec v. Pyret and Borys, 1983 CanLII 2113 (SK QB):

In this connection, I would also adopt the reasons of Noble, J., in Michaels v. Hume Farms Ltd. et al., supra, where the sufficiency of a clause creating a right of first refusal was sustained, notwithstanding the absence of any present agreement as to the essential terms upon which a future contract for sale might be concluded.

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