Can a plaintiff reject an offer to purchase lot 35 of the property for capricious reasons?
British Columbia, Canada
The following excerpt is from Philip v. Smith, 1996 CanLII 1441 (BC CA):
38 Counsel also relied upon Strutt v. Whitnell, [1975] 2 All E.R. 510 to support his submission that the plaintiff was entitled to reject the offer to purchase lot 35 for any reason, however capricious, and could not be deprived of her damages merely because a third party offered the alternative remedy of purchasing the property.
39 In my opinion, the decision in Strutt v. Whitnell turned on whether the plaintiff in that case was obliged to accept as an alternative to his claim for damages against the defendant an offer to purchase by the defendant which would have reduced his claim to nominal damages. I do not consider the principle in that case applies to the facts in this appeal.
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