CONTRACT FORMATION: OFFER

Where the existence of an agreement is contested in a breach of contract action, the plaintiff must show, among other things, an offer was made by proving:

  1. The plaintiff communicated to the defendant that he was willing to enter into a contract with the defendant;
  2. The communication contained specific terms; &
  3. Based on the communication, the defendant could have reasonably concluded that a contract with these terms would result if they accepted the offer.

Without proof of each of these facts, a contract was not formed and the plaintiff’s claim fails.

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