Summary
An email from an owner to an employee, forwarded to a creditor, may constitute a valid offer if it meets contract law criteria: clear offer, acceptance, intention to create legal relations, and consideration. Acceptance after 14 months could be too late, as offers generally require timely acceptance. Relevant Canadian case law includes Dickinson v. Dodds (1876), Manchester Diocesan Council for Education v. Commercial and General Investments Ltd. (1970), and Livingston v. Evans (1925), which discuss offer, acceptance, and the impact of time. For indirect offers, Carlill v Carbolic Smoke Ball Co (1893) is significant. Consider consulting a legal professional for specific guidance.Full Conversation
An owner writes an email to his employee stating that if a creditor lets go a part of their payment, he would make the remaining payment. The employee simply forwards that email to the creditor. Does that constitute a valid offer under contract law
It depends on several factors. For a valid offer in contract law, there must be:
- A clear offer
- Acceptance
- Intention to create legal relations
- Consideration
The email could be seen as an offer if these conditions are met. Was there any further communication or acceptance from the creditor?
The creditor accepted the offer after 14 months.
The delay in acceptance can be significant in contract law. Generally, an offer needs to be accepted within a reasonable time frame unless otherwise specified. The acceptance after 14 months might be considered too late.
Was there any subsequent communication or action taken after the creditor's acceptance?
I need case law that correspond to the current situation
For your situation, you should look into case law dealing with delayed acceptance of offers in contract law. Here are a few relevant case law examples from Ontario:
- Dickinson v. Dodds (*): This case discusses the concept of offer and acceptance and the impact of time on the validity of an offer.
- Manchester Diocesan Council for Education v. Commercial and General Investments Ltd. (*): This case deals with the importance of acceptance within a reasonable time frame.
- Livingston v. Evans (*): This case is relevant for understanding the effects of delayed acceptance.
These cases should help you understand the principles involved in your situation. If you need more specific guidance, consider consulting a legal professional.
Case law in Canada
To find relevant case law in Canada, you can look into the following:
- Dickinson v. Dodds (*): Discusses offer and acceptance and the impact of time.
- Manchester Diocesan Council for Education v. Commercial and General Investments Ltd. (*): Highlights the importance of acceptance within a reasonable time.
- Livingston v. Evans (*): Addresses delayed acceptance.
Would you like more detailed information on any of these cases?
Need cases where validity of an indirect ofefr such as this was discussed
For cases specifically addressing the validity of an indirect offer in Canada, you might find the following useful:
- Carlill v Carbolic Smoke Ball Co (*): This case is significant for the principles of offer and acceptance, particularly in the context of indirect communication.
Would you like more information on this case or need help with any other legal issues?