Can a party who dictates different terms for a contract already formed be considered to be refusing to perform the contract as written?
Alberta, Canada
The following excerpt is from Alberta Government Telephones v. Imperial Oak Newsstand Ltd., 1988 CanLII 3900 (AB QB):
A party who dictates different terms for a contract already formed can be considered to be refusing to perform the contract as written: Wile v. Cook, 1986 CanLII 27 (SCC), [1986] 2 S.C.R. 137; 69 N.R. 67. At the Appeal Division level the Chief Justice talks about the defaulting party having “refused ever to complete the agreement as written and was unilaterally dictating different terms”.
"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
In what circumstances will a party be bound by the elements of a contract where the contract is not enforceable when the contract was signed? (Alberta, Canada)
Is a party who is not an applicant in a restrictive covenant action against a party that is not a party to the restrictive covenant? (Alberta, Canada)
Can facts establish a breach of contract and arise from carelessness in the performance of the contract? (Alberta, Canada)
Does the term 'public interest' in s.1(1) of the Charter apply to a party's use of the term "public interest"? (Alberta, Canada)
How have courts interpreted the effect of agreed extensions in a contract where one party waives their right to insist on performance by the stipulated time? (Alberta, Canada)
Is a contract enforceable if the terms of the contract are unclear or uncertain or incomplete? (Alberta, Canada)
If there is no clear agency between the parties, can the parties be considered fiduciary? (Alberta, Canada)
Can evidence that is not in the form of a written agreement be considered to prove otherwise? (Alberta, Canada)
What is the test for a contract where a party contracts to cut for a quantity of wood and haul and deliver the wood at a time and to a place mentioned? (Alberta, Canada)
Is a contract enforceable for breach of contract when the contract is not enforceable? (Alberta, Canada)
